Handing in postal voting documents
(1) RPA 1983 is amended as follows.
(2) Schedule 1 (Parliamentary elections rules) is amended in accordance with subsections(3) and (4).
(3) In rule 32 (admission to polling station), in paragraph (1), after sub-paragraph (b)insert—
“(ba) where regulations under rule 45(1B)(a) or (b) provide that a postalballot paper or postal voting statement may be returned by hand to apolling station, persons aged 18 or over returning such a documentby hand;”.
(4) In rule 45 (the count)—
(a) in paragraph (1B)—
(i) omit “and” at the end of sub-paragraph (c);
(ii) insert “and” at the end of sub-paragraph (d);
(iii) after sub-paragraph (d) insert—
“(e) where regulations contain provision made by virtueof paragraph 12ZA of Schedule 2 (handing in postalvoting documents), the postal ballot paper is notone that falls to be rejected in accordance with thatprovision.”;
(b) in paragraph (2)—
(i)for sub-paragraph (a) substitute—
“(a) it is returned in the prescribed manner, accompaniedby the declaration of identity duly signed andauthenticated, and reaches the returning officerbefore the close of the poll,”;
(ii) insert “and” at the end of sub-paragraph (b);
iii) after sub-paragraph (b) insert—
“(c) where regulations contain provision made by virtueof paragraph 12ZB of Schedule 2 (handing in postalvoting documents: Northern Ireland), the postalballot paper is not one that falls to be rejected inaccordance with that provision.”
(5) In Schedule 2 (provisions which may be contained in regulations as to registrationetc), after paragraph 12 insert—
“12ZA (1) Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide thata postal voting document may be returned by hand to a polling station orto the returning officer, provision within this paragraph.
(2) Provision—
(a) requiring a person who seeks to hand in a postal voting documentto complete a form containing prescribed information,
(b) requiring a relevant officer to reject a postal voting documenthanded in by a person who fails to provide all the prescribedinformation on such a form, and
(c) about the arrangements to be made in respect of such forms.
(3) Provision requiring a relevant officer—
(a) to reject all postal voting documents handed in together by aperson where the relevant officer has reasonable cause to suspectthat the documents are handed in on behalf of more than theprescribed number of electors;
(b) to reject a postal voting document handed in by a person, orall postal voting documents handed in together by a person, ona particular occasion, where the relevant officer has reasonablecause to suspect that, taking that document or those documentstogether with any postal voting documents handed in by theperson on any previous occasion (disregarding any that wererejected), the person has handed in postal voting documents onbehalf of more than the prescribed number of electors.
(4) In sub-paragraph (3)—
(a) references to postal voting documents handed in by a person areto postal voting documents—
(i) all relating to the same election, or
(ii) where more than one poll is to be taken on a day, eachof which relates to an election the poll at which is to betaken on that day,
but do not include references to a postal voting document issuedto that person;
(b) “electors” means persons who are electors in relation to anelection to which any of the postal voting documents handed inby the person relates.
(5) Provision authorising a relevant officer to reject a postal voting documenthanded in by a person where the relevant officer knows or has reasonablecause to suspect that, in handing in the document, the person commits anoffence under section 112A (offences relating to handling of postal votingdocuments).
(6) Provision as to the arrangements to be made in respect of the documentsmentioned in sub-paragraph (7), including provision about—
(a) the procedure to be followed in respect of those documents;
(b) storage of those documents;
(c) disposal of those documents;
(d) transfer of those documents to—
(i) the returning officer;
(ii) the registration officer.
(7) The documents are—
(a) a postal voting document that is rejected;
(b) a postal voting document that—
(i) is brought into a polling station or into the offices of thereturning officer so that it may be handed in to a person,but
(ii) is left behind there (without being handed in).
(8) Provision requiring prescribed information about postal votingdocuments that are handed in, or about the documents mentioned in sub-paragraph (7), to be supplied to—
(a) the returning officer;
(b) the registration officer.
(9) Provision about the notification of the persons mentioned in sub-paragraph (10) where a postal ballot paper is—
(a) rejected, or
(b) left behind as mentioned in sub-paragraph (7)(b).
(10) The persons are—
(a) the person whose ballot paper it is;
(b) where that person is a proxy—
(i) that person, and
(ii) the elector for whom the person voted as proxy on thatpaper.
(11) Provision as to the meaning of any reference in the regulations to—
(a) a person seeking to hand in a postal voting document;
(b) a postal voting document being handed in.
(12) In this paragraph—
“postal voting document” means a postal ballot paper, postalvoting statement or other document that has been issued to aperson for the purpose of enabling the person to vote by post ata relevant election;
“rejected” means rejected in accordance with regulations madeby virtue of this paragraph;
“relevant election” means—
(a) a parliamentary election in England and Wales or Scotland,or
(b) a local government election in England;
“relevant officer” means—
(a) where a postal voting document is handed in at a pollingstation—
(i) the person presiding at the polling station, or
(ii) a clerk at the polling station;
(b) where a postal voting document is handed in to the returningofficer—
(i) that officer, or
(ii) a person acting under the authority of that officer.
12ZB (1) Where regulations under rule 45(2)(a) in Schedule 1 provide that apostal voting document may be returned by hand to the returning officer,provision within this paragraph.
(2) Provision—
(a) requiring a person who seeks to hand in a postal voting documentto complete a form containing prescribed information,
(b) requiring the returning officer to reject a postal voting documenthanded in by a person who fails to provide all the prescribedinformation on such a form, and
(c) about the arrangements to be made in respect of such forms.
(3) Provision requiring the returning officer—
(a) to reject all postal voting documents handed in together by aperson where the returning officer has reasonable cause to suspectthat the documents are handed in on behalf of more than theprescribed number of electors;
(b) to reject a postal voting document handed in by a person, or allpostal voting documents handed in together by a person, on aparticular occasion, where the returning officer has reasonablecause to suspect that, taking that document or those documentstogether with any postal voting documents handed in by the person on any previous occasion (disregarding any that wererejected), the person has handed in postal voting documents onbehalf of more than the prescribed number of electors.
(4) In sub-paragraph (3)—
(a) references to postal voting documents handed in by a person areto postal voting documents all relating to the same election, butdo not include references to a postal voting document issued tothat person;
(b) “electors” means persons who are electors in relation to theelection to which the postal voting documents handed in by theperson relate.
(5) Provision authorising the returning officer to reject a postal votingdocument handed in by a person where the returning officer knows or hasreasonable cause to suspect that, in handing in the document, the personcommits an offence under section 112A (offences relating to handling ofpostal voting documents).
(6) Provision as to the arrangements to be made in respect of the documentsmentioned in sub-paragraph (7), including provision about—
(a) the procedure to be followed in respect of those documents;
(b) storage of those documents;
(c) disposal of those documents.
(7) The documents are—
(a) a postal voting document that is rejected;
(b) a postal voting document that—
(i) is brought into the offices of the returning officer so thatit may be handed in to a person, but
(ii) is left behind there (without being handed in).
(8) Provision about the notification of the persons mentioned in sub-paragraph (9) where a postal ballot paper is—
(a) rejected, or
(b) left behind as mentioned in sub-paragraph (7)(b).
(9) The persons are—
(a) the person whose ballot paper it is;
(b) where that person is a proxy—
(i) that person, and
(ii) the elector for whom the person voted as proxy on thatpaper.
(10) Provision as to the meaning of any reference in the regulations to—
(a) a person seeking to hand in a postal voting document;
(b) a postal voting document being handed in.
(11)
In this paragraph—
“postal voting document” means a postal ballot paper,declaration of identity, or other document that has been issued to a person for the purpose of enabling the person to vote by post ata parliamentary election in Northern Ireland;
“rejected” means rejected in accordance with regulations madeby virtue of this paragraph.”
