The European Parliamentary Elections Regulations 2004

[F1 Issue of Postal Ballot Papers E+W+S

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

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.

Modifications etc. (not altering text)

C1 Sch. 2 para. 41 modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 13(e)

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 [F2 paragraph 52].]

Textual Amendments

F2 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)