The European Parliamentary Elections Regulations 2004

PART 5 E+W+S Disposal of Documents

Sealing up of ballot papers E+W+S

58.—(1) On the completion of the counting at a contested election (or, if later, its deemed completion under rule 48(6)) the local returning officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The local returning officer shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll.

Retention of documents by the local returning officer E+W+S

59.  The local returning officer shall then retain the following documents—

(a) the packets of ballot papers in his possession,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of voters with disabilities,

(d) the packets of counterfoils and certificates as to employment on duty on the day of the poll,

(e) the packets containing marked copies of registers and of lists of proxies,

endorsing on each packet a description of its contents.

Orders for production of documents E+W+S

60.—(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the local returning officer, or

(b) for the opening of a sealed packet of counterfoils and certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,

may be made, if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a European Parliamentary election petition, by the High Court or a county court.

(2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the local returning officer’s custody may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection,

(d) production or opening,

as the court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of a county court under this rule.

(5) Any power given under this rule to the High Court or to a county court, may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the local returning officer of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the local returning officer or to open any sealed packets of counterfoils and certificates.

(9) In the application of this rule to documents retained by the local returning officer for the Gibraltar local counting area, the references to the county court, except in paragraph (5)(b), and to the High Court in paragraph (4) shall be construed as references to the Gibraltar court.

Retention and public inspection of documents E+W+S

61.—(1) The local returning officer shall retain for a year all documents relating to an election to which rule 59 applies, and then, unless otherwise directed by order of the High Court, shall cause them to be destroyed.

(2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be prescribed by the local returning officer.

(3) The local returning officer may, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as may be sanctioned by the local authority by which he is employed.

APPENDIX OF FORMSF1 E+W+S

Textual Amendments

F1 Sch. 1 Appendix of Forms: in Form A (Proxy Paper) words “spouse, civil partner” substituted for “husband, wife” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), reg. 1, Sch. 8 para. 2(4)(f)

Form of front of ballot paper (see next page) E+W+S

Rule 21

Directions as to printing the ballot paper E+W+S

1.  Nothing is to be printed on the ballot paper except in accordance with these directions. E+W+S

2.  So far as is practicable, the arrangements set out in paragraphs 3 to 16 below shall be observed in the printing of the ballot paper. E+W+S

3.  No word shall be printed on the face of the ballot paper except the words “Election for the European Parliament”, the name of the electoral region, the statement “You have one vote”, the names of registered political parties, the names and descriptions of individual candidates, the names of candidates on a party list, the number of each registered party or individual candidate and a number for each candidate on a party list and words forming parts of emblems. E+W+S

4.  The words “Election for the European Parliament”, the name of the region and the statement referred to in paragraph 3 above shall appear above the higher horizontal rule. E+W+S

5.  No horizontal rule shall be printed on the face except— E+W+S

(a) the higher horizontal rule immediately below the statement mentioned in paragraph 3 above,

(b) a horizontal rule between the entry for each registered party or individual candidate, and

(c) the lower horizontal rule at the foot of the ballot paper.

6.  No vertical rule shall be printed on the face except— E+W+S

(a) the vertical rule separating the number of the registered parties or individual candidates from their names, and

(b) the vertical rule separating the names of the parties or individual candidates from the space where a vote may be marked.

7.  The space on the ballot paper between the horizontal rule referred to in paragraph 5(a) and each horizontal rule below it shall be 3.5 centimetres. E+W+S

8.  Where a registered emblem of a registered political party is to be included with that party’s name— E+W+S

(a) it shall be printed adjacent and to the right of the registered party’s name, and

(b) its size as printed shall not exceed two centimetres square.

9.  Subject to paragraphs 10 to 15 below, all of the words on the ballot paper shall appear in the same large type. E+W+S

10.  The words “Election for the European Parliament” shall appear in very large type. E+W+S

11.  The name of the electoral region shall appear in bold capitals. E+W+S

12.  The word “one” in the statement referred to in paragraph 3 shall be in bold type. E+W+S

13.  No other capitals shall be used except initial capitals for names of parties and candidates and the first word in the statement and in the direction referred to in paragraph 3 above. E+W+S

14.  The names of the candidates on a party’s list of candidates shall appear in the same order as on the party’s list of candidates and they shall be numbered in that order. E+W+S

15.  The description of individual candidates shall appear in ordinary type. E+W+S

16.  The number on the back of the ballot paper shall be printed in small characters. E+W+S

Form of Back of Ballot Paper E+W+S

Rule 29

Elector’s official poll card E+W+S

Front of card E+W+S

Back of card E+W+S

Rule 29

Proxy’s Official Poll Card E+W+S

Front of card E+W+S

Back of card E+W+S

Rule 30

Form of directions for the guidance of the voters in voting E+W+S

Rule 33

Certificate of Employment E+W+S

Rule 40(5)

Form of declaration to be made by the companion of a voter with disabilities E+W+S