The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 receipt of postal ballot papers N.I.

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

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.   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.

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 and given his name and address, 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.

(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).

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) 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, 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.]