The European Parliamentary Elections Regulations 2004

[F1 PART 4 E+W+S ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

Interpretation of Part 4 E+W+S

40.— (1) For the purposes of this Part, unless the context otherwise requires—

“agent” includes the 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 50;

“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 57(1)(a);

“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in paragraph 57(5);

“relevant election or referendum” means one or more of the following—

(a)

a parliamentary election,

(b)

a local government election,

(c)

a mayoral election,

(ca)

[F2 an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;]

(e)

referendum conducted under the Local Authorities (Conduct of Referendums)(England) Regulations 2007,

the poll at which is taken together with the poll at the European Parliamentary election; and

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 53(1).

(2) In the case of a referendum, a reference to—

(a) a candidate must be construed as a reference to a petition organiser, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2007;

(b) an election agent or counting agent must be construed as a reference to a counting observer, within the meaning of that regulation;

(c) a polling agent must be construed as a reference to a polling observer, within the meaning of that regulation; and

(d) a returning officer or local returning officer must be construed as a reference to a counting officer, within the meaning of that regulation.

Textual Amendments

F2 Words in Sch. 2 para. 40(1) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 2(2)

Issue of Postal Ballot Papers E+W+S

Combination of poll E+W+S

41.   Where the poll at the European Parliamentary election is to be taken together with—

(a) 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 government elections); or

(b) the poll at a mayoral election or a referendum in accordance with regulations made under sections 44 and 105 or 45 and 105 of the Local Government Act 2000,

or two or more such polls, the proceedings on the issue and receipt of postal ballot papers in respect of each election or referendum may, if all the returning officers concerned agree, be taken together.

Form of postal voting statement E+W+S

42.   The form of the postal voting statement for the purposes of rule 28 of the European Parliamentary elections rules in Schedule 1 to these Regulations must be—

(a) in Form O in the Appendix at a European Parliamentary election taken alone;

(b) in Form P in the Appendix at a European Parliamentary election where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at a relevant election or referendum; and

(c) in Form Q in the Appendix at a European Parliamentary election where the poll is taken together with the poll at a relevant election or referendum, but where the proceedings on the issue and receipt of postal ballot papers are not.

Persons entitled to be present at proceedings on issue of postal ballot papers E+W+S

43.   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 of postal ballot papers other than the local returning officer and his clerks.

Persons entitled to be present at proceedings on receipt of postal ballot papers E+W+S

44.   Without prejudice to the provisions of sections 6A to 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the local returning officer and his clerks;

(b) a candidate;

(c) an election agent or a person appointed by him to attend in his place;

(d) a sub-agent;

(e) any agents appointed under paragraph 45; and

(f) where the proceedings on the receipt of postal ballot papers are taken together with the proceedings for a relevant election or referendum, persons entitled to be present at the proceedings for the relevant election or referendum.

Agents of candidates who may attend proceedings on receipt of postal ballot papers E+W+S

45.— (1) The election agent or sub-agent of each registered party standing nominated or the election agent or sub-agent of each individual candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number he may be authorised by the local returning officer to appoint so that the number authorised must be the same in the case of each registered party standing nominated or each individual candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the election agent or sub-agent to the local returning officer before the time fixed for the opening of the postal voters’ ballot box.

(3) Where postal ballot papers for more than one election or referendum are issued together under paragraph 41, the returning officer to whom notice must be given under sub-paragraph (2) and sub-paragraph (4) is the returning officer who issues the postal ballot papers.

(4) If an agent dies or becomes incapable of acting, the candidate or election agent of a registered party may appoint another agent in his place and must forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.

(5) In this Part references to agents must 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 local returning officer.

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

Notification of requirement of secrecy E+W+S

46.   The local 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 29(5) and (7).

Time when postal ballot papers are to be issued E+W+S

47.— (1) In the case of a person shown in the record kept under—

(a) paragraph 3(4), or

(b) paragraph 7(6),

no postal ballot paper (and postal voting statement) must be issued until after 5 p.m. on the eleventh day before the date of the poll (computed in accordance with paragraph 26(7)).

(2) In the case of any other person, the postal ballot paper (and postal voting statement) must be issued by the local returning officer as soon as practicable after the application to vote by post has been granted.

Procedure on issue of postal ballot paper E+W+S

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

(2) A mark must be placed in the postal 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 postal voting statement sent with that paper.

(4) Where postal ballot papers for the European Parliamentary election and a relevant election or referendum are issued together under paragraph 41—

(a) one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of each election or referendum; except that, where ballot papers are not so issued, a different mark must be placed in the postal voters list or proxy postal voters list to identify the election or referendum in respect of which the ballot paper was issued; and

(b) the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).

(5) Where the poll at a European Parliamentary election is taken with the poll at a relevant election or referendum (under the provisions referred to in paragraph 41) but not the proceedings on the issue and receipt of postal ballot papers, the colour of the postal ballot paper must also be marked on the postal voting statement sent with that paper.

(6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 50 are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list;

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent—

(a) as shown in the record kept under paragraph 3(4) or 7(6); or

(b) as given in pursuance of an application made under paragraph 4(1) or 7(4)(b).

Refusal to issue postal ballot paper E+W+S

49.   Where a local returning officer is satisfied that two or more entries in the postal voters list, or in 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 at any one election.

Envelopes E+W+S

50.— (1) Sub-paragraphs (2) and (3) prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 28 of the European Parliamentary elections rules).

(2) There must be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which must 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) unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.

(4) Where polls are taken together (under the provisions referred to in paragraph 41) but not the proceedings on the issue and receipt of postal ballot papers—

(a) the envelope referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”; and

(b) on the envelope referred to in sub-paragraph (3), after the words “Ballot paper envelope” there must be added the words “for the [insert colour of ballot paper] coloured ballot paper”.

Sealing up of completed corresponding number lists and security of special lists E+W+S

51.— (1) As soon as practicable after the issue of each batch of postal ballot papers, the local 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) Until the time referred to in paragraph 60(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Delivery of postal ballot papers E+W+S

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

(a) a universal postal service provider;

(b) a commercial delivery firm; or

(c) clerks appointed under rule 30(1) of the European Parliamentary elections rules.

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

(4) Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom or Gibraltar.

Spoilt postal ballot papers E+W+S

53.— (1) Where a postal voter has inadvertently dealt with his postal ballot paper or postal voting statement in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) he may return (either by hand or by post) to the local returning officer the spoilt postal ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), he must also return—

(a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not;

(b) where postal ballot papers for more than one election have been issued together under paragraph 41, all other ballot papers so issued, whether spoilt or not; and

(c) the envelopes supplied for the return of the documents mentioned in paragraph 50.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) and, where applicable, sub-paragraph (2), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 p.m. on the day of the poll.

(4) Where the local returning officer receives the documents referred to in sub-paragraph (1) and, where applicable, sub-paragraph (2), after 5 p.m. on the day before the day of the poll, he must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returned the documents in person.

(5) Paragraphs 48 (except sub-paragraph (2)), 50, 51 and, subject to sub-paragraph (8), 52 apply to the issue of a replacement postal ballot paper under sub-paragraph (3).

(6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.

(7) The local 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 under sub-paragraph (6), the sealed packet must be opened and the additional cancelled documents included in it and the packet must be sealed again.

(8) Where a postal voter applies in person for a replacement ballot paper—

(a) by 5 p.m. on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to him; or

(b) after 5 p.m. on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with paragraph 52.

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

(a) the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);

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

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.

Lost postal ballot papers E+W+S

54.— (1) Where a postal voter claims either to have lost or not to have received—

(a) his postal ballot paper; or

(b) the postal voting statement; or

(c) one or more of the envelopes supplied for their return,

by the fourth day before the day of the poll, he may apply (whether or not in person) to the local returning officer for a replacement ballot paper.

(2) Such an application must include evidence of the voter’s identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), he must return—

(a) the documents referred to in sub-paragraph (1)(a) to (c); and

(b) where the postal ballot papers for more than one election have been issued together under paragraph 41, all other ballot papers so issued,

which he has received and which have not been lost.

(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.

(5) The local 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 and additional cancelled documents included in it and the packet must be sealed again.

(6) Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 p.m. on the day of the poll and the local returning officer—

(a) is satisfied as to the voter’s identity; and

(b) has no reason to doubt that the postal voter has either lost or has not received the original ballot paper or postal voting statement or one or more of the envelopes provided for their return,

he must issue another postal ballot paper or, as the case may be, postal ballot papers.

(7) Where the application is received by the local returning officer after 5p.m. on the day before the day of the poll, he must only issue another postal ballot paper or, as the case may be, other ballot papers if the postal voter applies in person.

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

(a) the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);

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

(c) where the postal voter is a proxy, his name and address.

(9) Paragraphs 48 (except sub-paragraph (2)), 50, 51 and, subject to sub-paragraph (10), 52 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (6).

(10) Where a postal ballot voter applies in person—

(a) by 5 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b) after 5 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with [F3 paragraph 52].

Textual Amendments

F3 Words in Sch. 2 para. 54(10) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(3)(c)

Receipt of Postal Ballot Papers E+W+S

Means of returning postal ballot paper or postal voting statement E+W+S

55.— (1) The manner in which a postal ballot paper or postal voting statement may be returned to the local returning officer is by post or by hand, unless it is returned to the polling station in which case it must be returned by hand.

(2) Subject to sub-paragraph (3), the presiding officer of a polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station to the local returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 49(1) of the European Parliamentary elections rules.

(3) The local returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (2) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

(4) Where the local returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3) the presiding officer must first make it (or them) into a packet sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.

Notice of opening of postal ballot paper envelopes E+W+S

56.— (1) The local returning officer must give to each election agent or sub-agent, where appointments of sub-agents have been made, 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 the election agent or sub-agent may appoint under paragraph 45(1) to attend each opening.

Postal ballot boxes and receptacles E+W+S

57.— (1) The local 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, and with the name of the local counting area or parliamentary constituency or electoral area (or areas) or voting area for which the election (or elections) or referendum is (or are) held.

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

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

(a) the receptacle for rejected votes;

(b) the receptacle for postal voting statements;

(c) the receptacle for ballot paper envelopes;

(d) the receptacle for rejected ballot paper envelopes;

(e) the receptacle for rejected votes (verification procedure); and

(f) the receptacle for postal voting statements (verification procedure).

(6) The local 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 E+W+S

58.— (1) The local returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters’ ballot box.

(2) Where an envelope, other than a covering envelope issued by the local returning officer—

(a) has been opened; and

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the first-mentioned envelope, together with its contents, must be placed in a postal voters’ ballot box.

Opening of postal voters’ ballot box E+W+S

59.— (1) Each postal voters’ ballot box must be opened by the local returning officer in the presence of the agents, if in attendance.

(2) So long as the local 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 and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 51 of the European Parliamentary elections rules.

Opening of covering envelopes E+W+S

60.— (1) When a postal voters’ ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 58(2)).

(2) The local returning officer must set aside for personal identifier verification a percentage, not less than 20%, of the envelopes recorded on that occasion.

(3) The local returning officer must open separately each covering envelope (including an envelope described in paragraph 58(2)).

(4) The procedure in paragraph 62 or, as the case may be, paragraph 63 applies where a covering envelope (including an envelope to which paragraph 58(2) applies) contains both—

(a) a postal voting statement; and

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

(5) Where the covering envelope does not contain the postal voting statement separately, the local returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

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

(a) a postal voting statement (whether separately or not); and

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

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

(7) Where—

(a) an envelope contains the postal voting statement of an elector with an anonymous entry; and

(b) sub-paragraph (6) does not apply,

the local returning officer must set aside that envelope and its contents for personal identifier verification in accordance with paragraph 63.

(8) In carrying out the procedures in this paragraph and paragraphs 61 to 68, the local returning officer—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must place a mark in the marked copy of the postal voters list or 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 35 of the European Parliamentary election rules.

(10) A mark made under sub-paragraph (9) must be distinguishable from and must not obscure the mark made under paragraph 48(2).

(11) As soon as practicable after the last covering envelope has been opened, the local returning officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal such a packet.

Confirming receipt of postal voting statements E+W+S

61.— (1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 47 and the close of the poll, that the local returning officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned; and

(b) whether the number of the ballot paper issued to the elector or his proxy has been recorded on either of the lists of provisionally rejected votes kept by the returning officer under sub-paragraphs (2) and (3) of paragraph 67.

(2) A request under sub-paragraph (1) must—

(a) be made by any method specified; and

(b) include any evidence of the voter’s identity requested,

by the local returning officer.

(3) Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself that the request has been made by the elector or their proxy and where he is so satisfied provide confirmation of the matters under sub-paragraph (1).

Procedure in relation to postal voting statements E+W+S

62.— (1) This paragraph applies to any postal voting statement contained in an envelope that has not been set aside for personal identifier verification in accordance with paragraph 60(2) or (7).

(2) The local returning officer must satisfy himself that the postal voting statement is duly completed.

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

(4) Before placing the statement in the receptacle for rejected votes, the local 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 local returning officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, he must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the local returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under paragraph 60(5) or sub-paragraph (6).

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

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid postal voting statement;

(b) in the receptacle for rejected votes, any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes, any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper; or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, must mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements, any valid statement not disposed of under paragraph (b) or (c).

Procedure in relation to postal voting statements: personal identifier verification E+W+S

63.— (1) This paragraph applies to any postal voting statement contained in an envelope that is set aside for personal identifier verification in accordance with paragraph 60(2) or (7).

(2) The local returning officer must satisfy himself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the local returning officer is not so satisfied, he must mark the statement “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 (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed and, if any of them object to his decision, he must add the words “rejection objected to”.

(5) The local returning officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, he must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope; or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the local returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under paragraph 60(5) or sub-paragraph (6).

(8) In the circumstances described in sub-paragraph (7), the local 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 postal voting statement;

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper; or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, must mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Postal Voting Statements: additional personal identifier verification E+W+S

64.— (1) A local returning officer may on any occasion at which a postal voters’ ballot box is opened in accordance with paragraph 59 undertake verification of the personal identifiers on any postal voting statement that has on a prior occasion been placed in the receptacle for postal voting statements.

(2) Where a local returning officer undertakes additional verification of personal identifiers, he must—

(a) remove as many postal voting statements from the receptacle for postal voting statements as he wishes to subject to additional verification; and

(b) compare the date of birth and the signature on each such postal voting statement against the date of birth and signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the local returning officer is no longer satisfied that the postal voting statement has been duly completed he must mark the statement “rejected” and before placing the postal voting statement in the receptacle for rejected votes (verification procedure), he must—

(a) show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed and, if any of them object to his decision, he must add the words “rejection objected to”;

(b) open any postal ballot box and retrieve the ballot paper corresponding to the ballot paper number on the postal voting statement;

(c) show the ballot paper number on the retrieved ballot paper to the agents; and

(d) attach the ballot paper to the postal voting statement.

(4) Following the removal of a postal ballot paper from a postal ballot box the local returning officer must lock and reseal the postal ballot box in the presence of the agents.

(5) Whilst retrieving a ballot paper in accordance with sub-paragraph (3), the local returning officer and his staff—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers; and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Opening of ballot paper envelopes E+W+S

65.— (1) The local 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 (or one of the numbers) on the ballot paper envelope;

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

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which must be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).

Retrieval of cancelled postal ballot papers E+W+S

66.— (1) Where it appears to the local returning officer that a postal ballot paper which has been cancelled in accordance with paragraph 53(6) or 54(4) has been placed—

(a) in a postal voters’ ballot box;

(b) in the receptacle for ballot paper envelopes; or

(c) in a postal ballot box,

he must proceed as follows.

(2) He must, on at least one occasion on which a postal voters’ ballot box is opened in accordance with paragraph 59, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper;

(b) show the ballot paper number on the cancelled ballot paper to the agents;

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements;

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates;

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 53(7); and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 53 of the European Parliamentary elections rules, re-lock or re-seal (or both re-lock and re-seal), the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and his staff—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers; and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Lists of rejected postal ballot papers E+W+S

67.— (1) In respect of any election, the local returning officer must keep two separate lists of rejected postal ballot papers.

(2) In the first list, he must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

(3) In the second list, he must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.

Checking of lists kept under paragraph 67 E+W+S

68.— (1) Where the local returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under paragraph 67(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.

(2) Where the local returning officer receives a postal ballot paper without the postal voting statement to which it relates, he may, at any time prior to the close of the poll, check the list kept under paragraph 67(3) to see whether the number of that ballot paper is entered in that list.

(3) The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of packets from every polling station in the local counting area, parliamentary constituency, electoral area or, as the case may be, voting area under rule 49(1) of the European Parliamentary elections rules.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the local returning officer must retrieve that statement or paper.

(5) The local returning officer must then take the appropriate steps under this Part as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Sealing of receptacles E+W+S

69.— (1) As soon as practicable after the completion of the procedure under paragraph 68(3) and (4), the local returning officer must make up into separate packets the contents of—

(a) the receptacle of rejected votes;

(b) the receptacle of postal voting statements;

(c) the receptacle of rejected ballot paper envelopes;

(d) the lists of spoilt and lost postal ballot papers;

(e) the receptacle of rejected votes (verification procedure); and

(f) the receptacle of postal voting statements (verification procedure),

and must seal up such packets.

(2) Any document in those packets marked “provisionally rejected” must be deemed to be marked “rejected”.

Forwarding of documents E+W+S

70.— (1) Subject to sub-paragraphs (2) and (7), the local returning officer must forward to the relevant registration officer, at the same time as he forwards the documents mentioned in rule 64 of [F4 the European Parliamentary elections rules], the packets referred to in paragraphs 51(1), 53(7), 54(5), 60(11) and 69 endorsing on each a description of its contents.

(2) Where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 41, the returning officer or local returning officer discharging those functions must forward the packets containing—

(a) the marked copies of the postal voters list and proxy postal voters list; and

(b) the postal voting statements,

to the same person, and at the same time and in the same manner, as he is required to forward those documents as respects the election or referendum for which he is the returning officer.

(3) Where—

(a) any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 55(2));

(b) any envelopes addressed to postal voters are returned as undelivered and are 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 local returning officer must put them unopened in a separate packet, seal up such packet and endorse and retain it and subsequently deal with it in the manner described in sub-paragraph (1).

(4) Rules 65 and 66 of the European Parliamentary elections rules apply to any packet or document retained under this paragraph.

(5) A completed statement in Form R in the Appendix must be provided by the local returning officer to the Secretary of State and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.

(6) The statement referred to in sub-paragraph (5) must identify the local counting areas within the electoral region for which it is prepared.

(7) In the case of the Scottish electoral region, sub-paragraph (1) does not apply and the local returning officer must retain on behalf of the returning officer the packets to which it refers.]

Textual Amendments

F4 Words in Sch. 2 para. 70(1) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(3)(d)