The European Parliamentary Elections Regulations 2004

[F1 Receipt 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

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;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F2 Sch. 2 para. 57(5)(b) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 44

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)).

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F4 (4) The procedure in paragraph 63 applies where a covering envelope (including an envelope to which paragraph 58(2) applies) contains a postal voting statement.]

(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.

[F5 (6) Where a covering envelope does not contain a postal voting statement (whether separately or not) 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.]

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F3 Sch. 2 para. 60(2) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 45(1)

F4 Sch. 2 para. 60(4) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 45(2)

F5 Sch. 2 para. 60(6) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 45(3)

F6 Sch. 2 para. 60(7) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 45(1)

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

F7 62.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 para. 62 omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 46

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

63.— (1) [F8 This paragraph applies in the circumstances described in paragraph 60(4).]

(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 [F9 but there is a ballot paper], 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).

Textual Amendments

F8 Sch. 2 para. 63(1) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 47(1)

F9 Words in Sch. 2 para. 63(3) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 47(2)

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

F10 64.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 2 para. 64 omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 48

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)[F11 , 54(4), 54A(1) or (2)] 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 [F12 (verification procedure)];

(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) [F13 or 54A(2)]; 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.

Textual Amendments

F11 Words in Sch. 2 para. 66(1) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 49(1)

F12 Words in Sch. 2 para. 66(2)(c) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 49(2)(a)

F13 Words in Sch. 2 para. 66(2)(e) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 49(2)(b)

Lists of rejected postal ballot papers E+W+S

67.— (1) In respect of any election, the local returning officer must keep [F14 lists relating to rejected postal ballot papers as required by this paragraph].

(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.

[F15 (4) In the third list, the local returning officer must record, for every postal voting statement in the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy);

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);

(c) the specified reason or reasons for the rejection of the postal voting statement; and

(d) any other information relating to the rejection that the [F16 local returning officer] considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—

(a) the signature does not match the example held on the personal identifiers record;

(b) the date of birth does not match the one held on the personal identifiers record;

(c) the signature field is blank; or

(d) the date of birth field is blank.

(6) Sub-paragraphs (4) and (5) do not apply to the local returning officer for Gibraltar.]

Textual Amendments

F14 Words in Sch. 2 para. 67(1) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 50(1)

F15 Sch. 2 para. 67(4)-(6) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 50(2)

F16 Words in Sch. 2 para. 67(4)(d) substituted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 4(2)

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;

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the receptacle of rejected ballot paper envelopes;

(d) the lists of [F18 spoilt, lost or cancelled] 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”.

Textual Amendments

F17 Sch. 2 para. 69(1)(b) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 51(a)

F18 Words in Sch. 2 para. 69(1)(d) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 51(b)

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 [F19 the European Parliamentary elections rules] [F20 —

(a) the packets referred to in paragraphs 51(1), 53(7), 54(5), 54A(2), 60(11) and 69, endorsing on each a description of the contents;

(b) any list compiled under paragraph 67(4); and

(c) a completed statement in Form R in the Appendix.]

(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 [F21 except that in applying those rules the list compiled under paragraph 67(4) must be treated in the same manner as a counted ballot paper].

(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 [F22 and documents] to which it refers.

Textual Amendments

F19 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)

F20 Words in Sch. 2 para. 70(1) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 52(1)

F21 Words in Sch. 2 para. 70(4) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 52(2)

F22 Words in Sch. 2 para. 70(7) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 52(3)

[F23 Forwarding copy of list of rejected postal voting statements in Scotland E+W+S

71— (1) As soon as practicable after the declaration of the result under rule 61 of the European Parliamentary elections rules, the local returning officer for each local government area in Scotland must send a copy of the list compiled under paragraph 67(4) (rejected postal voting statements) to the registration officer for that local government area.

(2) A registration officer may only use the copy of the list sent under sub-paragraph (1) for the purposes of notifying voters of rejected postal voting statements in accordance with paragraph 31A and requiring fresh signatures to be provided in accordance with paragraph 31B.

(3) Rule 65 (orders for the production of documents) of the European Parliamentary elections rules shall apply to the copy of the list sent in accordance with sub-paragraph (1) as if—

(a) references to counted ballot papers in the custody of the relevant registration officer were references to the copy of the list sent to a registration officer in accordance with sub-paragraph (1); and

(b) references to the relevant registration officer were references to the registration officer who was sent a copy of a list in accordance with sub-paragraph (1).

(4) Except as provided for by virtue of sub-paragraph (3), no other person may be allowed to inspect the copy of the list sent to a registration officer in accordance with sub-paragraph (1).

(5) The registration officer must cause the copy of the list sent in accordance with sub-paragraph (1) to be destroyed—

(a) as soon as practicable after the registration officer has complied with the requirements of paragraph 31A and issued any notices under paragraph 31B in relation to the information provided in the copy of the list; and

(b) in any event, within four months of receipt.]]

Textual Amendments

F23 Sch. 2 para. 71 inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 53