The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 PART 2 N.I. ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Textual Amendments

F1 Sch. 2 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 39, Sch. 2

Interpretation of Part 2 N.I.

15.   For the purposes of this Part—

• “agent” includes an election agent and a person appointed to attend in the election agent’s place;

• “ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 23;

• “corresponding number list” means the list prepared under rule 20 of the European Parliamentary elections rules;

• “postal ballot paper” means a ballot paper issued to a postal voter;

• “postal voter” means an elector or proxy who is entitled to vote by post;

• “postal voters' ballot box” means the ballot box referred to in paragraph 28(1)(a);

• “receptacle for ballot paper envelopes” and other references to specified receptacles, means the receptacles referred to in paragraph 28(5);

• “spoilt postal ballot paper” means a ballot paper referred to in paragraph 26(1);

• [F2 “tendered postal ballot paper” has the meaning given in rule 43A of the European Parliamentary elections rules;]

• “universal postal service provider” has the meaning given in [F3 Part 3 of the Postal Services Act 2011] to a “universal service provider”; and

• “valid declaration of identity” means one falling within paragraph 32(1).

Textual Amendments

F2 Words in Sch. 2 para. 15 inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 36

F3 Words in Sch. 2 para. 15 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 62(6)

issue of postal ballot papers N.I.

Form of declaration of identity N.I.

16.   The form of the declaration of identity for the purposes of rule 25 of the European Parliamentary elections rules must be in Form L in the Appendix of Forms.

Persons entitled to be present at proceedings on issue and receipt of postal ballot papers N.I.

17.— [F4 (1)] Without prejudice to the provisions of sections 6A to 6E of the 2000 Act no person may be present at the proceedings on the issue or receipt of postal ballot papers at a European Parliamentary election other than—

(a) the returning officer and his clerks;

(b) a candidate;

(c) an election agent or any person appointed by a candidate to attend in his election agent’s place; and

(d) any agents appointed under paragraph 18.

[F5 (2) Paragraphs (b), (c) and (d) of sub-paragraph (1) do not apply to proceedings on issue or receipt of tendered postal ballot papers.]

Textual Amendments

F4 Sch. 2 para. 17 renumbered as Sch. 2 para. 17(1) (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 37

F5 Sch. 2 para. 17(2) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 37

Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers N.I.

18.— (1) Each candidate may appoint one or more agents to attend the proceedings on the issue or receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint so that the number authorised must be the same in the case of each candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the candidate to the returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot box, as the case may be.

(3) If an agent dies or becomes incapable of acting, the candidate 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.

(4) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(5) In this Part references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the returning officer.

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

(7) Where in this Part any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

[F6 (8) Nothing in this paragraph applies to the issue or receipt of tendered postal ballot papers.]

Textual Amendments

F6 Sch. 2 para. 18(8) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 38

Notification of requirement of secrecy N.I.

19.   The returning officer must make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of regulation 30(5) and (7).

Notice of issue of postal ballot papers N.I.

20.— (1) The returning officer must give each candidate not less than 48 hours' notice in writing of the time and place at which he will issue postal ballot papers and of the number of agents the candidate may appoint under paragraph 18 to attend that issue.

(2) Where any subsequent issue of postal ballot papers is made, the returning officer must notify each candidate as soon as practicable of the time and place at which he will make such subsequent issue and of the number of agents the candidate may appoint under paragraph 18 to attend such issue.

[F7 (3) Nothing in this paragraph applies to the issue of tendered postal ballot papers.]

Textual Amendments

F7 Sch. 2 para. 20(3) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 39

Procedure on issue of postal ballot paper N.I.

21.— (1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to the elector.

(2) A mark must be placed in the absent voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the declaration of identity sent with that paper.

(4) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in paragraph 23 are to be sent is—

(a) in the case of an elector, the address shown in the absent voters list [F8 (or, where the elector has an anonymous entry, the address that would be so shown but for regulation 9(6A))];

(b) in the case of a proxy, the address shown in the proxy postal voters list [F9 (or where the proxy has an anonymous entry or is the proxy for a person who has an anonymous entry, the address that would be so shown but for regulation 11(8A) or (8B))].

Textual Amendments

F8 Words in Sch. 2 para. 21(4)(a) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 40(a)

F9 Words in Sch. 2 para. 21(4)(b) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 40(b)

Refusal to issue postal ballot paper N.I.

22.   Where the returning officer is satisfied that two or more entries in the absent voters list, or the proxy postal voters list or in each of those lists relate to the same elector, he must not issue more than one ballot paper in respect of that elector.

Envelopes N.I.

23.— (1) Sub-paragraphs (2) and (3) specify the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 25 of the European Parliamentary elections rules).

(2) There must be issued an envelope for the return of the postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which must be marked with—

(a) the letter “A”;

(b) the words “ballot paper envelope”; and

(c) the number of the ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed.

Sealing up and security of completed corresponding number and other lists N.I.

24.— (1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal such a packet.

(2) As soon as practicable after the last batch of postal ballot papers has been issued, the returning officer must make up into a packet the marked copies of the absent voters list and the proxy postal voters list and must seal such a packet.

(3) Until the time referred to in sub-paragraph (2), the returning officer must take proper precautions for the security of the lists referred to in that sub-paragraph.

Delivery of postal ballot papers N.I.

25.— (1) For the purposes of delivering postal ballot papers, the returning officer may use—

(a) a universal postal service provider;

(b) a commercial delivery firm; or

(c) clerks appointed under rule 27(1) of the European Parliamentary elections rules.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered to that provider or firm by the returning officer with such form of receipt to be endorsed by the provider or firm as may be arranged.

(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies) and on the covering envelopes.

Spoilt postal ballot papers N.I.

26.— (1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) he may return (either by hand or by post) to the returning officer the spoilt postal ballot paper and the declaration of identity.

(2) On receipt of the documents referred to in sub-paragraph (1), the returning officer must issue another postal ballot paper except where those documents are received after 5 p.m. on the day before the day of the poll.

(3) Paragraphs 21 (except sub-paragraph (3)), 23, 24 and, subject to sub-paragraph (6) below, 25 apply to the issue of a replacement postal ballot paper under sub-paragraph (2).

(4) The spoilt postal ballot paper and the declaration of identify must be immediately cancelled.

(5) The returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened, the additional cancelled documents included in it and the packet sealed again.

(6) Where a postal voter applies in person, the returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 25.

(7) The returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and address of the elector as stated in the register [F10 (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone)];

(b) the number of the postal ballot paper issued under this paragraph; and

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address [F11 (or, in the case of a proxy who has an anonymous entry or is the proxy for a person who has an anonymous entry, the proxy’s electoral number alone or, as the case may be, a statement that the proxy is not registered as an elector)].

Textual Amendments

F10 Words in Sch. 2 para. 26(7)(a) added (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 41(a)

F11 Words in Sch. 2 para. 26(7)(c) added (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 41(b)

[F12 Tendered postal ballot papers: issue and receipt N.I.

26A.— (1) A tendered postal ballot paper issued to P under rule 43A of the European Parliamentary elections rules must be accompanied by—

(a) an envelope for the return of the tendered postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which must be marked with the letter “D”;

(b) a smaller envelope which must be marked with—

(i) the letter “C”;

(ii) the words “tendered postal ballot paper envelope”; and

(iii) the number of the tendered postal ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed; and

(c) a declaration of identity in the form set out in paragraph 16 (form of declaration of identity) which is marked with the number of the tendered postal ballot paper.

(2) Where the poll at a European Parliamentary election is combined with another poll under section 15 of the 1985 Act—

(a) the envelope referred to in sub-paragraph (1)(a) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and

(b) on the envelope referred to in sub-paragraph (1)(b) after the words “tendered postal ballot paper envelope” there must be added “for the [insert colour of the ballot paper] coloured ballot paper”.

(3) Subject to sub-paragraph (5), paragraph 25 (delivery of postal ballot papers) applies to the issue of a tendered postal ballot paper.

(4) The tendered postal ballot paper, the declaration of identity and the envelopes must be sent to—

(a) where P is an elector, the address that would be shown in the absent voters list but for regulation 9(6A);

(b) where P is entitled to vote by post as proxy, the address that would be shown in the proxy postal voters list but for regulation 11(8A) and (8B).

(5) Where P applies in person, the returning officer may hand a tendered postal ballot paper to P instead of delivering it in accordance with paragraph 25.

(6) The returning officer must enter in a list kept for the purpose (“the list of tendered postal ballot papers”)—

(a) the entry in the register of electors of the elector in question;

(b) the number of the tendered postal ballot paper issued under this paragraph; and

(c) where P is entitled to vote by post as proxy, the proxy’s electoral number or, as the case may be, a statement that the proxy is not registered as an elector.

(7) On receipt of a covering envelope of a tendered postal ballot paper before the close of the poll, the returning officer must—

(a) separate it from the covering envelopes of the other postal ballot papers; and

(b) place it in a separate ballot box for the reception of tendered postal ballot papers.

(8) As soon as practicable after the close of the poll, the returning officer must count and record the number of covering envelopes of tendered postal ballot papers and open each covering envelope separately.

(9) Before proceeding under rule 43A of the European Parliamentary elections rules, the returning officer must satisfy himself that each tendered postal ballot paper—

(a) is not void under rule 43A(7); and

(b) is accompanied by a valid declaration of identity which is marked with the same number as the tendered postal ballot paper.

(10) Where the returning officer is not so satisfied, that officer must—

(a) mark the tendered postal ballot paper as “rejected”; and

(b) place the tendered postal ballot paper, attached to the declaration of identity (if any), in a receptacle for rejected tendered postal votes.

(11) The returning officer must seal the contents of the receptacle for rejected tendered postal votes in a separate packet.]

Textual Amendments

F12 Sch. 2 para. 26A inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 42

receipt of postal ballot papers N.I.

Notice of opening of postal ballot paper envelopes N.I.

27.— (1) The returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.

(2) Such a notice must specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of agents a candidate may appoint under paragraph 18(1) to attend each opening.

Postal ballot boxes and receptacles N.I.

28.— (1) The returning officer must provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box”, as the case may be.

(3) The postal ballot box must be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.

(4) The returning officer must then lock the postal ballot box, if it has a lock, and apply his seal in such manner as to prevent its being opened without breaking the seal; and any of the agents present who wish to add their seals may then do likewise.

(5) The returning officer must provide the following receptacles—

(a) the receptacle for rejected votes;

(b) the receptacle for declarations of identity; and

(c) the receptacle for ballot paper envelopes.

(6) The returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope N.I.

29.— [F13 (1)] The returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal voters' ballot box.

[F14 (2) This paragraph does not apply to the receipt of a covering envelope for a tendered postal ballot paper.]

Textual Amendments

F13 Sch. 2 para. 29 renumbered as Sch. 2 para. 29(1) (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 43

F14 Sch. 2 para. 29(2) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 43

Opening of postal voters' ballet box N.I.

30.— (1) Each postal voters' ballet box must be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

(3) The last postal voters' ballot box must be opened at the counting of the postal ballot papers under rule 50 of the European Parliamentary elections rules.

Opening of covering envelopes N.I.

31.— (1) When a postal voters' ballot box is opened, the returning officer must count and record the number of covering envelopes, and must then open each covering envelope separately.

(2) The procedure in paragraph 32 applies where a covering envelope contains both—

(a) a declaration of identity; and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(3) Where the covering envelope does not contain the declaration of identity separately, the returning officer must open the ballot paper envelope to ascertain whether the declaration of identity is inside.

(4) Where a covering envelope does not contain both—

(a) a declaration of identity (whether separately or not), and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the returning officer must mark the covering envelope “rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(5) Where an envelope opened in accordance with sub-paragraph (1) contains a declaration of identity, the returning officer must, having first unsealed the relevant packet, place a mark in the marked copy of the absent voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned as provided for in rule 33 of the European Parliamentary elections rules.

(6) A mark made under sub-paragraph (5) must be distinguishable from and must not obscure the mark made under paragraph 21(2).

(7) As soon as practicable after the last covering envelope has been opened, the returning officer must make up into a packet the copy of the absent voters list and the copy of the proxy postal voters list that have been marked in accordance with sub-paragraph (5) and must seal such a packet.

Procedure in relation to declarations of identity on receipt of covering envelope N.I.

32.— (1) A declaration of identity is a valid declaration of identity for the purposes of this Part if—

(a) it is duly signed by the voter and authenticated by a witness who has signed the declaration F15 ..., and

(b) in the case of an elector, the requirements of rule 50(2)(b) and (3) of the European Parliamentary elections rules are satisfied.

[F16 (1A) A person must not sign the declaration as a witness under sub-paragraph (1)(a) unless he is—

(a) aged 18 years or over; and

(b) satisfied to the best of his knowledge and belief as to the identity of the voter.]

(2) The returning officer must satisfy himself that the declaration of identity is a valid declaration of identify.

(3) Where the returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper and, subject to sub-paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the declaration in the receptacle for rejected votes, the returning officer must show it to the agents and, if any of them object to his decision, he must add the words “rejection objected to”.

(5) The returning officer must then examine the number on the valid declaration of identity against the number on, or displayed through a window in, the ballot paper envelope and, where they are the same, he must place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid declaration of identity is not the same as the number on, or displayed through a window in, the ballot paper envelope, or

(b) that envelope has no number on it and the number is not displayed through a window in it,

the returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid declaration of identity but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under paragraph 31(3) or sub-paragraph (6) above.

(8) In the circumstances described in sub-paragraph (7), the returning officer must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “rejected”;

(c) in the receptacle for rejected votes, any valid declaration of identity marked “rejected” where there is no ballot paper; and

(d) in the receptacle for declarations of identity, any valid declaration not disposed of under paragraph (b) or (c).

Textual Amendments

F15 Words in Sch. 2 para. 32(1)(a) omitted (12.2.2015) by virtue of The European Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015 (S.I. 2015/220), regs. 1(2), 3(2)(a)

F16 Sch. 2 para. 32(1A) inserted (12.2.2015) by The European Parliamentary Elections (Forms) (Northern Ireland) Regulations 2015 (S.I. 2015/220), regs. 1(2), 3(2)(b)

Opening of ballot paper envelopes N.I.

33.— (1) The returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the ballot paper envelope (or, if the envelope has no number, the ballot paper number can be seen through a window in the envelope);

(b) in the receptacle for rejected votes, any other ballot paper which must be marked “rejected” and to which must be attached the ballot paper envelope; and

(c) in the receptacle for rejected votes any ballot paper envelope which must be marked “rejected” because it does not contain a ballot paper.

Sealing of receptacles N.I.

34.   As soon as practicable after the completion of the procedure under paragraph 33, the returning officer must make up into separate packets the contents of—

(a) the receptacle of rejected votes, and

(b) the receptacle of declarations of identity,

and must seal up such packets.

Abandoned poll N.I.

35.   Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a) must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part; and

(b) must, notwithstanding paragraphs 31 to 33, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

Retention of documents N.I.

36.— (1) The returning officer must, as the Chief Electoral Officer for Northern Ireland, retain at the same time as he retains the documents mentioned in rule 67 of the European Parliamentary elections rules—

(a) any packets referred to in paragraphs 24, 26(5) [F17 , 26A(11),] and 34, subject to paragraph 35, endorsing on each packet a description of its contents and the date of the election to which it relates, F18 ...

[F19 (aa) the list of spoilt postal ballot papers and the list of tendered postal ballot papers, and]

(b) a completed statement in Form M in the Appendix of Forms of the number of postal ballot papers issued.

(2) Where—

(a) any covering envelopes are received by the returning officer after the close of the poll,

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer must put them unopened in a separate packet, seal up such packet and endorse and retain it at a subsequent date in the manner described in sub-paragraph (1).

(3) Rules 68 and 69 of the European Parliamentary elections rules shall apply to any packet or document retained under this paragraph.

(4) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the returning officer to the Electoral Commission.]

Textual Amendments

F17 Word in Sch. 2 para. 36(1)(a) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 44(a)(i)

F18 Word in Sch. 2 para. 36(1)(a) omitted (15.9.2014) by virtue of The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 44(a)(ii)

F19 Sch. 2 para. 36(1)(aa) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 44(b)