The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 PART 3 N.I. CONTESTED ELECTIONS

Textual Amendments

F1 Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1

CHAPTER 1 N.I. General Provisions

Poll to be taken by ballot N.I.

18.   The votes at the poll must be given by ballot, and the votes given to each candidate must be counted and the result of the poll determined in accordance with rules 52 to 63.

The ballot papers N.I.

19.— (1) The ballot of every voter must consist of a ballot paper, and the persons shown in the statement of candidates nominated as standing nominated, and no others, are entitled to have their names inserted in the ballot paper.

(2) Every ballot paper must be in the Form A in the Appendix of Forms, and must be printed in accordance with the directions in that Appendix, and—

(a) must contain the names of the persons shown in the statement of candidates nominated,

(b) must be capable of being folded up, and

(c) must have a number and other unique identifying mark printed on the back.

(3) If, on behalf of a candidate who is the subject of a party’s authorisation under rule 5(1), the registered nominating officer of that party so requests, the ballot paper must contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(4) The request must be—

(a) made in writing to the returning officer, and

(b) received by him before the last time for the delivery of nomination papers set out in the timetable.

(5) If, on behalf of a candidate who is the subject of two or more parties' authorisations under rule 5(3), the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate’s particulars the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).

(6) The request must be—

(a) made in writing by the nominating officers of the parties jointly to the returning officer, and

(b) received by him before the last time for the delivery of nomination papers set out in the timetable.

(7) The order of the names in the ballot paper must be the same as in the statement of candidates nominated.

Corresponding number list N.I.

20.— (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all the ballot papers to be issued by him in pursuance of rule 25(1) or provided by him in pursuance of rule 30(1).

(2) The form of corresponding number list to be prepared by the returning officer for the purpose of this rule must be in Form B in the Appendix of Forms.

(3) The form of corresponding number list to be prepared by the returning officer for the purposes of rules 30(3)(d) and 39(1)(b) must be in Form C in the Appendix of Forms.

(4) The form of corresponding number list to be prepared by the returning officer for the purpose of this rule when the poll at a European Parliamentary election is to be taken with the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local elections) must be in Form D in the Appendix of Forms.

(5) The form of corresponding number list to be prepared by the returning officer for the purposes of rules 30(3)(d) and 39(1)(b) when the poll at a European Parliamentary election is to be taken with the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local elections) must be in Form E in the Appendix of Forms.

The official mark N.I.

21.— (1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years must intervene between the use of the same official mark at elections for the same European Parliamentary electoral region.

(3) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote N.I.

22.   No person who has voted at the election must, in any legal proceeding to question the election or return, be required to state for whom he has voted.

Use of schools and public rooms N.I.

23.— (1) The returning officer may use, free of charge, for the purpose of taking the poll—

(a) a room in a school to which this rule applies;

(b) a room the expense of maintaining which is payable out of any rate.

(2) This rule applies to a school in receipt of a grant out of moneys appropriated by an Act of the Northern Ireland Assembly.

(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any room which has been used in accordance with this rule by reason of its being used for the purpose of taking the poll.

(4) This rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.

CHAPTER 2 N.I. Action to be Taken Before the Poll

Notice of poll N.I.

24.— (1) The returning officer must in the statement of candidates nominated include a notice of the poll, stating the day on which and hours during which the poll will be taken.

(2) The returning officer must also give public notice of—

(a) the situation of each polling station;

(b) the description of voters entitled to vote there;

and must as soon as practicable after giving such notice give a copy of it to each of the election agents.

Postal ballot papers N.I.

25.— (1) The returning officer must, in accordance with Schedule 2, issue to those entitled to vote by post a ballot paper and a declaration of identity in the form set out in that Schedule, together with such envelopes for their return as are specified in that Schedule.

(2) In accordance with regulation 111A, the returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(c) graphical representations of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The returning officer must ensure that the return of the ballot paper and the declaration of identity is free of charge to the voter.

Provision of polling stations N.I.

26.— (1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any polling district must be in the polling place for that district.

(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks N.I.

27.— (1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station or refuse to deliver a ballot paper under paragraph (4) of rule 39 (including that paragraph as applied by rules 40, 41 and 42).

Appointment of verifying officers and clerks N.I.

28.— (1) The returning officer must appoint verifying officers to attend at such places as he considers necessary for the purposes of the verification of the ballot paper accounts and such clerks as may be necessary for the purposes of the verification, but he shall not appoint a person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, act as a verifying officer and the provisions of these rules relating to a returning officer shall apply to a returning officer so acting, with the necessary modifications as to things to be done by the returning officer to the verifying officer or by the verifying officer to the returning officer.

(3) A verifying officer may do, by the clerks appointed to assist him, any act which he is required or authorised by these rules to do.

Issue of official poll cards N.I.

29.— (1) The returning officer must as soon as practicable after the publication of the notice of election send to electors and their proxies the appropriate official poll card, but a card need not be sent to any person—

(a) as an elector if he is placed on the absent voters list for the election; or

(b) as a proxy if he is entitled to vote by post as proxy at the election,

and a card must not be sent to any person registered, or to be registered, in pursuance of an overseas elector’s declaration.

(2) An elector’s official poll card must be sent or delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card issued to an elector must be in Form F in the Appendix of Forms.

(4) The official poll card issued to the proxy of an elector must be in Form G in the Appendix of Forms.

(5) The official poll card must set out—

(a) the name of the electoral region;

(b) the elector’s name, qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the elector’s polling station;

(d) such other information as the returning officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of elector.

(6) In this rule “elector” has the same meaning as in regulation 58(4) and, pending publication of the register, the elector’s number in the register includes his number (if any) in the electors list for that register.

Equipment of polling stations N.I.

30.— (1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

(b) copies of the register of electors or such part of it as contains the names of the electors allotted to the station;

(c) the parts of any special lists prepared for the election corresponding to the register of electors or such part of it as provided under sub-paragraph (b);

(d) Form C prepared under rule 20(3) which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13BA(9) of the 1983 Act in respect of alterations to the register.

(5) The returning officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device of such description as is set out in paragraph (9) for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 41).

(6) A notice in Form H in the Appendix of Forms, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(7) In every compartment of every polling station there must be exhibited the notice—

• “Remember—use 1,2,3 etc. at this election—this is an election by proportional representation. Number the candidates in order of your preference putting “1” against the candidate of your first preference and so on. You should not put the same preference against more than one candidate. You may show your preference for as many or as few candidates as you wish”.

(8) Where proof has been given to the returning officer’s satisfaction of the death of a candidate, he must provide each presiding officer with sufficient number of notices to this effect for display in every compartment of every polling station.

(9) The device referred to in paragraph (5)(b) must—

(a) allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use;

(c) provide suitable means for the voter to identify—

(i) the spaces on the ballot paper on which he may mark his vote; and

(ii) the candidate to whom each such space refers.

Appointment of polling and counting agents N.I.

31.— (1) The election agent or sub-agent of a candidate or any person authorised in writing by such an agent or that candidate may, before the commencement of the poll, appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation; and

(b) counting agents to attend at the verification of the ballot paper accounts and the counting of the votes.

(2) One (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

(3) The returning officer or, as the case may be, verifying officer may limit the number of counting agents, so that—

(a) the number must be the same in the case of each candidate; and

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the verification of the ballot paper accounts or the counting of the votes by the number obtained by adding together the number of candidates.

(4) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the person by whom the appointment was made to the returning officer and must be given not later than the [F2 fifth] day (computed like any period of time in the timetable) before the day of the poll.

(5) If an agent dies, or becomes incapable of acting, the person by whom the appointment was made may appoint another agent in his place, and must forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(6) In the following provisions of these rules references to polling agents and counting agents must be taken as references to agents—

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted numbers.

(7) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

(8) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist any such agent in doing any such act or thing.

(9) The election agent or sub-agent of a candidate may do or assist in doing anything which a polling or counting agent of that candidate is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of the election agent or sub-agent of a candidate instead of that candidate’s polling agent or counting agents.

(10) Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Textual Amendments

F2 Word in Sch. 1 rule 31(4) substituted (6.12.2013) by The European Parliamentary Elections (Northern Ireland) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/3114), regs. 1(1), 2(2)

Notification of requirement of secrecy N.I.

32.   The returning officer must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of paragraphs (1), (4) and (7) of regulation 30; and

(b) every person attending at the verification of the ballot paper accounts or the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of paragraphs (2), (3) and (7) of that regulation.

Return of postal ballot papers N.I.

33.— (1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the absent voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list as provided for in paragraph 31(5) of Schedule 2.

(2) Rule 50(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

CHAPTER 3 N.I. The Poll

Admission to polling station N.I.

34.— (1) The presiding officer must exclude all persons from the polling station except—

(a) voters;

(b) persons under the age of 18 who accompany voters to the polling station;

(c) the candidates and their election agents;

(d) the polling agents appointed to attend at the polling station;

(e) the clerks appointed to attend at the polling station;

(f) the returning officer, his deputies or clerks;

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act;

(h) the constables on duty; and

(i) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of any candidate.

(4) A constable or person employed by a returning officer must not be admitted to vote in person elsewhere than at his own polling station under rule 26, except on production and surrender of a certificate as to his employment which must be in Form I in the Appendix of Forms and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in station N.I.

35.— (1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a) by a constable, or

(b) by any other person authorised in writing by the returning officer to remove him,

and the person so removed must not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(5) Other than as provided by paragraph (6), the presiding officer and his clerks must not, during the poll, disclose information regarding the number of ballot papers delivered to voters at his polling station.

(6) The returning officer may, before the commencement of the poll, issue directions to the presiding officer as to how and when he may disclose information regarding the number of ballot papers delivered to voters at his polling station.

Sealing of ballot boxes N.I.

36.   Immediately before the commencement of the poll, the presiding officer must—

(a) show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty,

(b) then, if it has a lock, lock it up,

(c) place his seal on it in such a manner so as to prevent its being opened without breaking the seal,

(d) place it in his view for the receipt of ballot papers, and

(e) keep it so locked, if it has a lock, and sealed.

Questions to be put to voters N.I.

37.— (1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b) must be put if the letter “R” appears after the question and if the candidate or the candidate’s election or polling agent requires the question to be put:

Q. No.	Person applying for ballot paper	Questions
1	A person applying as an elector	(a) —“Are you the person registered in the register of electors for this election as follows (read the whole entry from the register)?” [R] (b) —“Have you already voted, (here in the UK or in another member State at this general election) (here or elsewhere at this by-election) of MEPs otherwise than as proxy for some other person?” [R] (c) —“What is your date of birth?”
2	A person applying as proxy	(a) —“Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?” [R] (b) —“Have you already voted here or elsewhere at this (general election) (by-election) of MEPs, as proxy on behalf of C.D.?” [R] (c) —“Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?” [R]
3	Person applying as proxy if the question at entry 2(c) is not answered in the affirmative	“Have you at this (general election) (by-election) of MEPs already voted in this electoral region on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?” [R]
4	Person applying as an elector in relation to whom there is an entry in the absent voters list	(a) —“Did you apply to vote by post?” (b) —“Why have you not voted by post?”
5	A person applying as proxy who is named in the proxy postal voters list	(a) —“Did you apply to vote by post as proxy?” (b) —“Why have you not voted by post as proxy?”

(2) In the case of an elector in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, the reference in the question at entry 1(a) to reading from the register must be taken as references to reading from the notice issued under that section.

(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote.

Challenge of voter N.I.

38.   A person must not be prevented from voting by reason only that—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure N.I.

39.— (1) Subject to paragraphs (3) to (8) below and rule 37, a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) the number and name of the elector as stated in the copy of the register of electors must be called out;

(b) the number of the elector must be marked on the list mentioned in rule 30(3)(d) beside the number of the ballot paper to be issued to him;

(c) a mark must be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(2) In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13BA(9) of the 1983 Act”;

(b) in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13BA(9) of the 1983 Act”.

(3) A ballot paper must not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

(4) Where a voter produces a specified document, the presiding officer or clerk to whom it is produced must deliver a ballot paper to the voter unless the officer or clerk decides that—

(a) the document; or

(b) the apparent age of the voter as compared with his age according to the date supplied as the date of birth pursuant to section 10A(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,

raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.

(5) Where in such a case it is a presiding officer who so decides, he must refuse to deliver a ballot paper to the voter.

(6) Where in such a case it is a clerk who so decides, he must refer the matter and produce the document to the presiding officer, who must proceed as if it had been to him that the voter had presented himself and produced the document in the first place.

(7) For the purposes of this rule a specified document is one which for the time being falls within the following list—

(a) a licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;

(b) a passport issued by a member State of the European Union;

(c) an electoral identity card issued under section 13C of the 1983 Act;

(d) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(e) a Blind Person’s SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(f) a War Disabled SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(g) a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.

In sub-paragraph (a), a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 or under the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force.

(8) References in this rule to producing a document are to producing it for inspection.

(9) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and—

(a) must secretly record his vote by placing on the ballot paper “1” opposite the name of the candidate of his first choice and, if he wishes, by placing “2” opposite the name of his second choice, “3” opposite the name of the candidate of his third choice and so on in order of his preference;

(b) fold the paper so as to conceal his vote;

(c) show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark; and

(d) put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(10) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

Votes marked by presiding officer N.I.

40.— (1) Subject to paragraph (2), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter’s ballot paper to be marked in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) Paragraphs (3) to (8) of rule 39 shall apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 39(1), but by reading references to delivering a ballot paper to a voter as references to causing a voter’s ballot paper to be marked.

(3) The name and number on the copy of the register of electors of every voter whose ballot paper is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these rules called “the list of ballot papers marked by the presiding officer”).

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(5) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (3) applies as if for “on the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.

Voting by persons with disabilities N.I.

41.— (1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (3), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

he must grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) Paragraphs (3) to (8) of rule 39 shall apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 39(1), but by reading references to delivering a ballot paper to a voter as references to granting a voter’s application.

(4) For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(5) The name and number on the copy of the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).

(6) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(7) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (5) applies as if for “on the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.

(8) The declaration made by the companion—

(a) must be in Form J in the Appendix of Forms; and

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion,

and must forthwith be given to the presiding officer who must attest and retain it.

(9) No fee or other payment may be charged in respect of the declaration.

Tendered ballot papers: circumstances where available N.I.

42.— (1) If a person, representing himself to be—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b) he is also named in the absent voters list, and

(c) he claims that he did not make an application to vote by post at the election.

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the proxy postal voters list, and

(c) he claims that he did not make an application to vote by post as proxy.

(4) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named on the register who is also named in the absent voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (3) to (8) of rule 39 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) as they apply in the case of a voter who applies for a ballot paper under rule 39(1).

(8) Paragraph (9) applies where—

(a) under paragraph (3) of rule 37, a ballot paper is not delivered to a person following his unsatisfactory answer to the question numbered 1(c) in paragraph (1) of that rule; or

(b) a presiding officer refuses to deliver a ballot paper to a person under paragraph (5) of rule 39 (including that paragraph as applied by rules 40 and 41 and this rule).

(9) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll (or, where paragraph (8)(a) applies, the other questions), nevertheless be entitled, subject to rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

Tendered ballot papers: general provisions N.I.

43.— (1) A tendered ballot paper must—

(a) be of a colour differing from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(2) The name of the voter and his number on the register of electors must be entered on a list (in these rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name must be the number of that elector.

(4) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, this rule and rule 42 apply as if—

(a) in rule 42(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) of the 1983 Act has been issued”;

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”; and

(c) in paragraph (2) of this rule, for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”.

(5) A person who marks a tendered ballot paper under paragraph (9) of rule 42 must sign the paper, unless it was marked after an application was refused under rule 40 or 41.

(6) A paper which is required to be signed under paragraph (5) and is not so signed will be void.

Refusal to deliver ballot paper N.I.

44.— (1) This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (5) of rule 39 (including that paragraph as applied by rule 40, 41 or 42).

(2) The refusal may be subject to review on a European Parliamentary election petition but, subject to that, is final and may not be questioned in any proceedings whatsoever.

Spoilt ballot papers N.I.

45.   A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Alteration of registers N.I.

46.— (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) of the 1983 Act which takes effect on the day of the poll.

(2) For the purposes of section 13BA(8) of the 1983 Act a representation may be made orally or in writing.

(3) Where a representation under section 13BA(8) of the 1983 Act is made at a polling station to a presiding officer, the presiding officer must as soon as practicable communicate that representation to the registration officer.

(4) Where a notice is issued under section 13BA(9) of the 1983 Act on the day of the poll, the registration officer must take reasonable steps to ensure that the notice comes to the attention of the presiding officer.

(5) Such steps may include communicating the notice to the presiding officer by telephone.

(6) Where a notice issued under section 13BA(9) of the 1983 Act is communicated to a presiding officer by whatever means, the presiding officer must make a written record of that notice and forward the record to the returning officer as soon as possible after the day of the poll.

(7) For the purposes of section 13BA(7) and (8) of the 1983 Act, the prescribed time on the day of the poll is 7pm.

Adjournment of poll in case of riot N.I.

47.— (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Regulations to the close of the poll must be construed accordingly.

Procedure on close of poll N.I.

48.— (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with any key attached,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13BA(9) of the 1983 Act) and the list of proxies,

(e) the lists prepared under rule 20 including the parts which were marked with the numbers of electors in accordance with rule 39(1)(b) (together referred to in these rules as “the completed corresponding number lists”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 46, and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the verifying officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the verifying officer, the arrangements for their delivery must be approved by the verifying officer.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists mentioned in paragraph (1)(e) or the certificates as to employment on duty on the day of the poll mentioned in paragraph (1)(f).

(3) The packets must be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

CHAPTER 4 N.I. Counting of Votes

Attendance at verification of ballot paper accounts N.I.

49.— (1) The verifying officer must make arrangement for the verification of the ballot paper accounts in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place at which he will begin such verification.

(2) No person other than—

(a) the returning officer, the verifying officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(c) the election agents,

(d) the counting agents, and

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may attend the verification of the ballot paper accounts, unless permitted by the verifying officer to attend.

(3) A person not entitled to attend the verification of ballot paper accounts must not be permitted to do so by the verifying officer unless he is satisfied that the efficient verification of the ballot paper accounts will not be impeded.

(4) The verifying officer must give the counting agents all such reasonable facilities for observing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

Procedure at verification of ballot paper accounts N.I.

50.— (1) The verifying officer must in the presence of the counting agents—

(a) open each ballot box and count and record the number of ballot papers in it and verify each ballot paper account; and

(b) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) A postal ballot paper must not be deemed to be duly returned unless—

(a) it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated; and

(b) in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act.

(3) In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in paragraph (2) must not be taken to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act.

(4) The verifying officer must not count any tendered ballot paper.

(5) The verifying officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces downwards.

(6) The verifying officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting agent may copy.

(7) The verifying officer must, subject to the directions of the returning officer, determine the hours during which the procedure under this rule is proceeded with.

(8) The verifying officer must take proper precautions for the security of the ballot papers and documents.

(9) On completion of the procedure under this rule, the verifying officer must, subject to the directions of the returning officer, make up into packets the ballot papers counted by him, seal them up in containers endorsing on each a description of the area to which the ballot papers relate, and deliver or cause to be delivered the containers to the returning officer together with a list of them and of the contents of each container and a statement of his verification of the ballot paper accounts.

Attendance at counting of votes N.I.

51.— (1) The returning officer must make arrangements for counting the votes in the presence of the counting agents—

(a) in the case of a general election of MEPs, before or after the material time and in either case so as to comply with rule 55(2) as soon as practicable after the material time,

(b) in the case of a by-election, as soon as practicable after the close of the poll,

and must give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

(2) For the purposes of paragraph (1), the “material time” means, in relation to a general election of MEPs, the close of the polling in the member State whose electors are the last to vote in the election.

(3) No person other than—

(a) the returning officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(c) the election agents,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(4) A person not entitled to attend at the counting of the votes must not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(5) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

Interpretation of rules 53 to 63 N.I.

52.   In rules 53 to 63—

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of excluded candidates;

“deemed to be elected” means deemed to be elected for the purposes of counting the votes but without prejudice to the declaration of the result of the poll;

“mark” means a figure, a word written in the English language or a mark such as “X”;

“non-transferable vote” means a ballot paper—

(a)

on which no second or subsequent preference is recorded for a continuing candidate, or

(b)

which is excluded by the returning officer under rule 59(4);

“preference” as used in the following contexts has the meaning assigned below—

(a)

“first preference” means the figure “1” or any mark which clearly indicates a first (or only) preference;

(b)

“next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded being ignored); and

(c)

in this context “second preference” is shown by the figure “2” or any mark which clearly indicates a second preference, a third preference by the figure “3” or any mark which clearly indicates a third preference, and so on;

“quota” means the number calculated in accordance with rule 56;

“stage of the count” means—

(a)

the determination of the first preference vote for each candidate; or

(b)

the transfer of a surplus of a candidate deemed to be elected; or

(c)

the exclusion of one or more candidates at any given time;

“surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but references in these rules to the transfer of the surplus mean the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

“transferable paper” means a ballot paper on which, following a first preference, a second preference or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

“transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 57.

Preliminary proceedings and conduct of the count N.I.

53.— (1) Where the verifying officer has made the ballot papers into packets in accordance with rule 50(9), the returning officer must open such packets and mix together the ballot papers received.

(2) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(3) The returning officer must as far as practicable proceed continuously with counting the votes, allowing only time for refreshment and excluding (except in so far as he and the agents otherwise agree), the hours between 11 in the evening and 9 on the following morning.

(4) For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

(5) During the time so excluded the returning officer must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and the documents.

Rejected ballot papers N.I.

54.— (1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure “1” standing alone is not placed so as to indicate a first preference for any candidate, or

(c) on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back, or

(e) which is unmarked,

will be void and not counted, but the ballot paper will not be void by reason only of carrying the words “one”, “two”, “three” and so on, or any other mark instead of a figure if in the opinion of the returning officer, the mark clearly indicates a preference or preferences.

(2) The returning officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted; and must add to the endorsement the words “rejection objected to” if any objection is made by an election agent to his decision.

(3) The returning officer must prepare a statement showing the number of ballot papers rejected by him under sub-paragraphs (a), (b), (c), (d) and (e) of paragraph (1) and must, on request, allow any candidate or election agent to copy that statement.

(4) The decision of the returning officer on any question arising in respect of a ballot paper shall be final but may be subject to review on a European Parliamentary election petition.

First stage N.I.

55.— (1) The returning officer must sort the ballot papers into parcels according to the candidates for whom first preference votes are given.

(2) The returning officer must then count the number of first preference votes given on ballot papers for each candidate and must record those numbers.

(3) The returning officer must also ascertain and record the number of valid ballot papers.

The quota N.I.

56.— (1) The returning officer must divide the number of valid ballot papers by a number exceeding by one the number of members to be elected.

(2) The result, increased by one, of the division under paragraph (1) (any fraction being disregarded) shall be the number of votes sufficient to secure the election of a candidate (in these rules referred to as “the quota”).

(3) At any stage of the count a candidate whose total vote equals or exceeds the quota shall be deemed to be elected, except that at any election where there is only one vacancy a candidate will not be deemed to be elected until the procedure set out in paragraphs (1) to (3) of rule 59 has been complied with.

Transfer of votes N.I.

57.— (1) Where the number of first preference votes for any candidate exceeds the quota, the returning officer must sort all the ballot papers on which first preference votes are given for that candidate into sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(2) The returning officer must count the number of ballot papers in each sub-parcel referred to in paragraph (1).

(3) The returning officer must, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (1)(a) to the candidate for whom the next available preference is given on those papers.

(4) The vote on each ballot paper transferred under paragraph (3) shall be at a value (“the transfer value”) which—

(a) reduces the value of each vote transferred so that the total value of all such votes does not exceed the surplus, and

(b) is calculated by dividing the surplus of the candidate from whom the votes are being transferred by the total number of the ballot papers on which those votes are given, the calculation being made to two decimal places (ignoring the remainder if any).

(5) Where at the end of any stage of the count involving the transfer of ballot papers, the number of votes for any candidate exceeds the quota, the returning officer must sort the ballot papers in the sub-parcel of transferred votes which was last received by that candidate into separate sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(6) The returning officer must, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (5)(a) to the candidate for whom the next available preference is given on those papers.

(7) The vote on each ballot paper transferred under paragraph (6) shall be at—

(a) a transfer value calculated as set out in paragraph (4)(b), or

(b) at the value at which that vote was received by the candidate from whom it is now being transferred, whichever is the less.

(8) Each transfer of a surplus constitutes a stage in the count.

(9) Subject to paragraph (10), the returning officer must proceed to transfer transferable papers until no candidate who is deemed to be elected has a surplus or all the vacancies have been filled.

(10) Transferable papers shall not be liable to be transferred where any surplus or surpluses which, at a particular stage of the count, have not already been transferred, are—

(a) less than the difference between the total vote then credited to the continuing candidate with the lowest recorded vote and the vote of the candidate with the next lowest recorded vote, or

(b) less than the difference between the total votes of the two or more continuing candidates, credited at that stage of the count with the lowest recorded total numbers of votes and the candidate next above such candidates.

(11) This rule shall not apply at an election where there is only one vacancy.

Supplementary provisions on transfer N.I.

58.— (1) If, at any stage of the count, two or more candidates have surpluses, the transferable papers of the candidate with the highest surplus must be transferred first, and if—

(a) the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest recorded vote at the earliest preceding stage at which they had unequal votes, must be transferred first, and

(b) the votes credited to two or more candidates were equal at all stages of the count, the returning officer must decide between those candidates by lot and the transferable papers of the candidate on whom the lot falls must be transferred first.

(2) The returning officer must, on each transfer of transferable papers under rule 57—

(a) record the total value of the votes transferred to each candidate,

(b) add that value to the previous total of votes recorded for each candidate and record the new total,

(c) record as non-transferable votes the difference between the surplus and the total transfer value of the transferred votes and add that difference to the previously recorded total of non-transferable votes, and

(d) compare—

(i) the total number of votes then recorded for all of the candidates, together with the total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(3) All ballot papers transferred under rule 57 or 59 must be clearly marked, either individually or as a sub-parcel, so as to indicate the transfer value recorded at that time to each vote on that paper or, as the case may be, all the papers in that sub-parcel.

(4) Where a ballot paper is so marked that it is unclear to the returning office at any stage of the count under rule 55 or 57 for which candidate the next preference is recorded, the returning officer must treat any vote on that ballot paper as a non-transferable vote; and votes on a ballot paper must be so treated where, for example, the names of two or more candidates (whether continuing candidates or not) are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken.

Exclusion of candidates N.I.

59.— (1) If—

(a) all transferable papers which under the provisions of rule 57 (including that rule as applied by paragraph (11) of this rule) and this rule are required to be transferred, have been transferred, and

(b) subject to rule 60, one or more vacancies remain to be filled,

the returning officer must exclude from the election at that stage the candidate with the then lowest vote (or, where paragraph (12) applies, the candidates with the then lowest votes).

(2) The returning officer must sort all the ballot papers on which first preference votes are given for the candidate or candidates excluded under paragraph (1) into two sub-parcels so that they are grouped as—

(a) ballot papers on which a next available preference is given, and

(b) ballot papers on which no such preference is given (thereby including ballot papers on which preferences are given only for candidates who are deemed to be elected or are excluded).

(3) The returning officer shall, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (2)(a) to the candidate for whom the next available preference is given on those papers.

(4) The exclusion of a candidate, or of two or more candidates together, constitutes a further stage of the count.

(5) If, subject to rule 60, one or more vacancies still remain to be filled, the returning officer must then sort the transferable papers, if any, which had been transferred to any candidate excluded under paragraph (1) into sub-parcels according to their transfer value.

(6) The returning officer must transfer those papers in the sub-parcel of transferable papers with the highest transfer value to the continuing candidates in accordance with the next available preferences given on those papers (thereby passing over candidates who are deemed to be elected or are excluded).

(7) The vote on each transferable paper transferred under paragraph (6) shall be at the value at which that vote was received by the candidate excluded under paragraph (1).

(8) Any papers on which no next available preferences have been expressed must be set aside as non-transferable votes.

(9) After the returning office has completed the transfer of the ballot papers in the sub-parcel of ballot papers with the highest transfer value he must proceed to transfer in the same way the sub-parcel of ballot papers with the next highest value and so on until he has dealt with each sub-parcel of a candidate excluded under paragraph (1).

(10) The returning officer must after each stage of the count completed under this rule—

(a) record—

(i) the total value of votes, or

(ii) the total transfer value of votes,

transferred to each candidate;

(b) add that total to the previous total of votes recorded for each candidate and record the new total;

(c) record the value of non-transferable votes and add that value to the previous non-transferable votes total; and

(d) compare—

(i) the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(11) If after a transfer of votes under any provision of this rule, a candidate has a surplus, that surplus must be dealt with in accordance with paragraphs (5) to (10) of rule 57 and rule 58.

(12) Where the total of the votes of the two or more lowest candidates, together with any surpluses not transferred, is less than the number of votes credited to the next lowest candidate, the returning officer must in one operation exclude such two or more candidates.

(13) If, when a candidate has to be excluded under this rule, two or more candidates each have the same number of votes and are lowest—

(a) regard must be had to the total number of votes credited to those candidates at the earliest stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at the at stage must be excluded; and

(b) where the number of votes credited to those candidates was equal at all stages, the returning officer must decide between the candidates by lot and the candidate on whom the lot falls must be excluded.

Filling of last vacancies N.I.

60.— (1) Where the number of continuing candidates is equal to the number of vacancies remaining unfilled the continuing candidates will thereupon be deemed to be elected.

(2) Where only one vacancy remains unfilled and the votes of any one continuing candidate are equal to or greater than the total of votes credited to other continuing candidates together with any surplus not transferred, the candidate will thereupon be deemed to be elected.

(3) Where the last vacancies can be filled under this rule, no further transfer of votes may be made.

Recount N.I.

61.— (1) The returning officer on completion of each stage of the count must, before proceeding with the next stage, inform all the candidates and their election agents then present of his intention, subject to a request for a re-count, to proceed to the next stage.

(2) The returning officer must comply with a request from a candidate or his election agent for a re-count of the last completed stage made before the returning officer proceeds to the next stage, but nothing in this rule shall require the returning office to re-count the same parcel or sub-parcel more than once.

(3) The returning officer may, if he thinks fit, re-count ballot papers either once or more often.

(4) Where as a result of a re-count an error is discovered, the returning officer must, where necessary, amend any results previously announced by him.

Order of election of candidates N.I.

62.— (1) The order in which candidates whose votes equal or exceed the quota are deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for rule 57(10).

(2) A candidate credited with a number of votes equal to, and not greater than, the quota shall, for the purposes of this rule, be regarded as having had the smallest surplus at the stage of the count at which he obtained the quota.

(3) Where the surpluses of two or more candidates are equal and are not required to be transferred, regard must be had to the total number of votes credited to such candidates at the earliest stage of the count at which they had an unequal number of votes and the surplus of the candidate who had the greatest number of votes at that stage shall be deemed to be the largest.

(4) Where the number of votes credited to two or more candidates were equal at all stages of the count, the returning officer must decide between them by lot and the candidate on whom the lot falls shall be deemed to have been elected first.

Decisions of returning officer N.I.

63.   The decision of the returning officer, whether expressed or implied, on any question which arises in relation to the exclusion of any candidate under rule 59 or to any ballot paper or transfer of votes shall be final, but may be reviewed on a European Parliamentary election petition.]