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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 132
1954 c.33
132.(1) This Act may be cited as the Electoral Law Act (Northern Ireland),
1962.
Subs.(2) rep. by SLR 1973(a)be a British subject or person to whom section one
hundred and twenty-one applies; and
[(b)be of the age of eighteen or over;]
(c)be not subject to any legal incapacity;
(i)have been born et some place which is situate in Northern Ireland; or
(ii)have resided in the United Kingdom during the whole of the period of seven
years ending on the qualifying date.
(a)on the qualifying date
Part III rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I
1. Time-table.(1) Subject to the provisions of Rule 2 the proceedings in
connection with the preparation and publication of a register shall be
conducted in accordance with the following table (in these Rules referred to
as "the Registration Time-table"):
September in the
registration year.
thirteenth day of
October in the regis-
tration year.
fifth day of November
in the registration
year.
thirtieth day ofNovember in theregistration year.printed electors listsare
published.year.
fifteeneth day of
December in the
registration year.
nineteenth day of
December in the
registration year.
fifteenth day ofFebruary in thepublication year.
(2) Where the latest date for Proceeding 10 of paragraph (1) is a Sunday or a
public holiday, the proceeding shall be taken not later than the day, not
being a Sunday or a public holiday, preceding that date.
2. Postponement of publication of register in certain circumstances. (1) If in
relation to any register the Ministry is satisfied that by reason of any
difficulty, whether existing or apprehended, in the preparation of the
electors lists or the printing of the lists or register or of the number of
claims and objections in respect of such lists, the time allowed by
the Registration Time-table is or is likely to be insufficient for the
publication of that register, the Ministry may by order direct that that table
shall have effect in relation to that register as if for the fifteenth day of
February in column (2) thereof there were substituted such date, not more than
three months later than that day, as shall be specified in the order.
(2) An order under paragraph (1) may modify any other provision of the said
table so far as may be necessary for the purposes of the order, including (but
without prejudice to the generality of the foregoing provisions of this
paragraph) the postponement or extension of any time specified in the table,
notwithstanding its expiry.
(3) The making of an order under paragraph (1) shall not affect the liability
of any officer under Part III of the Ninth Schedule.
(4) The power conferred by paragraph (1) may, where by reason of any special
circumstances it appears to the Ministry to be expedient, be exercised in
relation to part of a register (being a part relating to one or more than one
polling district), and this Rule shall have effect accordingly.
3. Public notice of impending preparation of register. (1) Not later than
fifteen days before the qualifying date for any register the electoral officer
shall give public notice in the prescribed form that a register is about to be
prepared.
(2) The electoral officer may require any person owning or occupying any land
or premises..., or the agent of such person, to furnish to that officer such
information as he may require for the purpose of the preparation of a
register.
(3) The notice prescribed under paragraph (1) shall contain a reference
(a)to the provisions of paragraph (2); and
(b)to the provisions of sub-paragraphs (2) and (3) of paragraph 33 of the
Ninth Schedule.
Rules 47 rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II; 1969 c.26 (NI) s.6 sch.2
Pt.I; 1971 c.4 (NI) s.5(3) sch.; 1972 NI 13 art.18 sch.3
8. Compilation of electors lists by electoral officer. (1) The electoral
officer when he receives the lists [ of electors] shall
(a)examine those lists;
(b)take into consideration the information contained in such lists and such
further information (if any) as may be available;
(c)add the names of those persons in respect of whom service declarations are
in force...; and
(d)compile electors lists incorporating any such information as is relevant.
(2) For the purposes of this Rule the electoral officer may, in his
discretion, require any person named in a list...
(a)to furnish to him a statement in writing, signed by that person, containing
such information as may be necessary to enable the electoral officer to
determine whether that person is entitled to be registered;
(b)to produce a certificate of birth or naturalization; or
(c)to make a statutory declaration that he is of full age, or is a British
subject or a person to whom section one hundred and twenty-one applies.
(3) Any fee incurred by reason of sub-paragraph (c) of paragraph (2) shall be
paid by the electoral officer as part of the expenses of registration.
9. Form of electors lists. (1) The electors lists... shall be compiled
according to polling districts.
(2). . . a polling district and a [ward] shall be conterminous.
Para.(3) rep. by 1972 NI 13 art.18 sch.3
(4) It shall not be necessary that the names set out in the electors lists be
numbered.
(5) The electors lists for each polling district
(a)shall wherever possible set out the names according to streets and to the
numbers of the houses in the streets;
(b)where the names cannot be set out according to streets
(i)shall set out the names in alphabetical order; or, at the discretion of the
electoral officer;
(ii)shall set out the names according to townlands, setting out in
alphabetical order the names both of the townlands and of the persons in each;
(c)shall set out in relation to every person such an address as will enable
postal communications to be delivered to him;
(d)shall,..., set out in the manner required by sub-paragraphs (a) to (c) in
respect of each... ward the names of the persons whose qualifying addresses
are within the ward.
Paras.(6)(7) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II; 1969 c.26 (NI) s.6 sch.2
Pt.I
(8) The electors lists
Sub-para.(a) rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I
(b)shall distinguish those electors specified in Rule 22 in like manner as
they are required by that Rule to be distinguished in the register; and
(c)shall be published in the prescribed form.
10. Publication of electors lists and corrupt and illegal practices list. (1)
The electoral officer shall in accordance with the Registration Time-table
publish the electors lists by exhibiting at his office a legible copy thereof,
and thereupon the lists shall be treated as completed and shall not be amended
(whether by way of addition, deletion or variation).
(2) The electoral officer shall in accordance with the Registration Time-table
publish the printed electors lists by
(a)making a copy thereof available for inspection at his office; and
(b)within three days thereafter, making copies of the part of the electors
lists relating to each polling district available for inspection at a place in
or near that polling district to which the public have access.
(3) The electoral officer when complying with paragraphs (1) and (2)
respectively shall likewise publish any corrupt and illegal practices list
prepared by him under section thirty-two.
(4) The electoral officer shall permit any interested person during ordinary
office hours to examine, and to make copies of, any entries in electors lists
published under paragraph (1) or paragraph (2) or in a corrupt and illegal
practices list published under paragraph (3).
11. Postponement of publication of electors lists. If [the
Chief Electoral Officer] not later than fourteen days before the date
respectively specified in column (2) of the Registration Time-table for
Proceeding 5 or Proceeding 6 thereof notifies the Ministry that in his opinion
either or both of such proceedings cannot be effected in accordance with that
table, the Ministry on being satisfied that it is necessary or expedient so to
do, may make an order under Rule 2 postponing either or both of such
proceedings whether or not such postponement necessitates a postponement of
the publication of the register.
12. Notice of publication of electors lists, etc. (1) The electoral officer on
the day on which he publishes the printed electors lists shall by means of
advertisement in newspapers circulating in the area, by the exhibition of
notices at police stations, post offices or public places or in such other
manner as he thinks necessary, give public notice of such publication.
(2) A notice under paragraph (1) shall be in the prescribed form and
(a)shall set out
(i)the places at which the electors lists will be available for inspection;
(ii)the places at and the period within which claims and objections in respect
of the lists may be lodged;
<(iii)the places at and the date on which lists of claimants will be exhibited;
(b)shall state
(i)that [ hearings of claims and objections] will be held, at which any person
having any relevant information may appear and be heard; and
(ii)that interested persons may obtain from the electoral officer particulars
of the places and times at which such [hearings are to be held].
13. Claims and objections. (1) After the publication of the printed electors
lists, there may... be sent, in accordance with the Registration Time-table,
to the electoral officer on a prescribed form supplied by him,
(a)by any person whose name or particulars is or are incorrectly entered in
the electors lists, a claim (in these Rules referred to as a "claim for
correction") that it or they be correctly registered;
(b)by any person whose name is not entered in the electors lists, a claim that
he be duly registered;
(c)by any person whose name is entered in the electors lists for [a
constituency or local government electoral area], a claim for the due
registration in the electors lists for [that constituency or area] of any
other person whose name is not so entered;
(d)by any person whose name is entered in the electors lists for [a
constituency or local government electoral area], a notice of objection to the
registration of any other person whose name is entered in the electors lists
for [that constituency or area].
(2) The electoral officer shall on request supply forms for the purposes of
paragraph (1), and every such form shall be so completed as to furnish the
information thereby required, and in particular a notice of objection under
sub-paragraph (d) of paragraph (1) shall state specifically the grounds of the
objection; and any claim or notice not complying with this Rule shall have no
effect.
(3) A separate claim or notice of objection shall be made or given in respect
of each name for or to which a claim or objection is made; and a claim or
notice of objection which relates to more than one name shall have no effect
in relation to any name therein referred to.
Para.(4) rep. by 1972 NI 13 art.18 sch.3
[14. Entry and preliminary disposal of claims and objections. (1) The
Chief Electoral Officer shall keep separate lists of claims and objections and
shall, on receipt of a claim or objection, forthwith enter in the appropriate
list the name and qualifying address of the claimant or the person in respect
of whom the objection is made.
(2) If the Chief Electoral Officer is of opinion
(a)that the particulars given in a claim or objection are insufficient, he may
ask for further information and take no further action until such information
is supplied;
(b)that a claim may be allowed without a hearing, he may allow the claim,
provided that no objection is made thereto, and shall so inform the person
making the claim;
(c)that the objector is not entitled to object, he may disallow the objection
and shall so inform the objector;
(d)that a claim or objection cannot be allowed because
(i)the matter has been concluded by the decision of a court, or
(ii)the particulars given in a claim or objection do not entitle the claimant
or objector to succeed,
(3) The Chief Electoral Officer shall, unless he allows or disallows the claim
or objection under paragraph (2), send a notice, in the case of a claim, to
the person making the claim and, in the case of an objection, to the objector
and the person objected to, stating the time and place at which he proposes to
hear the claim or objection; and the notice sent to a person objected to shall
also state the name and address of the objector and the grounds of the
objection.
(4) The time fixed for the hearing of a claim or objection shall not be
earlier than the third day after the date of the notice referred to in
paragraph (3).
(5) The Chief Electoral Officer shall make available for inspection at his
office till completion of the hearing of claims and objections the lists of
claims and objections together with the time and place at which he proposes to
hear any claim or objection.]
[15. Hearing of claims and objections. (1) On the hearing of a claim, the
person making the claim and any person who has duly made an objection and, on
the hearing of an objection, the objector and the person objected to and, on
the hearing of either, any other person who appears to the
Chief Electoral Officer to be interested shall be entitled to appear and be
heard.
(2) The right to appear and be heard includes the right to make written
representations.
(3) Any person entitled to appear and be heard may do so either in person or
by any other person on his behalf.
(4) The Chief Electoral Officer may, at the request of any person entitled to
appear and be heard or, if he thinks fit, without such a request, require that
the evidence tendered by any person shall be given on oath and may administer
an oath for the purpose.
(5) The consideration of claims and objections shall be completed before the
fourth day of February.]
[16. Corrections to the electors lists. (1) Any alteration to the electors
lists which is required
(a)to carry out the Chief Electoral Officer's decision with respect to any
claim or objection,
(b)to correct any clerical error,
(c)to correct any misnomer or inaccurate description,
(d)to delete the name of any person who the Chief Electoral Officer is
satisfied is dead,
(2) Where it appears to the Chief Electoral Officer that it is necessary to
make any alteration (other than an alteration under paragraph (1)) to the
electors lists in order to ensure that no person shall be incorrectly
registered, or registered more than once, or otherwise registered when not
entitled, he shall send to the person affected by the alteration a notice
stating the proposed alteration and shall give him an opportunity within five
days from the date of such notice of selecting the qualifying address in
respect of which he is to be registered or of objecting to the alteration and,
if necessary, of appearing and being heard in accordance with the provisions
of Rule 15.
(3) After the said five days the Chief Electoral Officer shall make such
alteration (if any) as seems to him to be necessary.]
17. Appeals from [Chief Electoral Officer]. (1) A claimant or objector who has
appeared before and been heard by the [Chief Electoral Officer] or a person to
whose inclusion in the electors lists an objection has been made to and
allowed by the [Chief Electoral Officer] may appeal to the county court from
the determination by that officer of the claim or objection.
(2) A person aggrieved by any decision of a county court upon a point of law
arising in the course of the hearing of an appeal under paragraph (1) may
appeal by way of case stated to the [Court of Appeal].
18. Decisions on appeals to be shown in the register. (1) Where an appeal
under paragraph (1) or paragraph (2) of Rule 17 is determined before the date
of publication of the register, the electoral officer
(a)if it is practicable so to do, shall give effect in the register to the
determination as if it were a decision of the [Chief Electoral Officer] under
Rule 16;
(b)if it is not practicable so to do, shall treat the determination as if it
had been made after such date of publication.
(2) Where such an appeal as aforesaid is determined after the date of
publication of the register, the electoral officer shall give effect thereto
by
(a)entering each such determined appeal as soon as possible after it is made
in a record of determined appeals;
(b)attaching to each copy of the register, or any part thereof, issued by him
a list of the determinations relating thereto contained in the record of
determined appeals at the time of issue and that list shall be part of the
register;
(c)amending in accordance with the record of determined appeals any copy of
the register to be used by him for the purposes of an election and the
register so amended shall be the register for the purposes of that election.
19. Preparation of electors lists for publication as a register. (1) A
register shall be in the prescribed form and shall consist of electors lists
prepared in accordance with this Rule.
(2) The electoral officer
(a)shall, subject to Rule 18, make such amendments in the electors lists as
are necessary to give effect to all determinations of claims and objections,
to correct any clerical error, misnomer or inaccurate description, or to
delete the name of any person who the electoral officer is satisfied is dead;
(b)shall make such corrections in the electors lists, whether by way of
removal of duplicate entries or otherwise as he thinks necessary in order to
ensure that no person shall be registered when not entitled, or incorrectly
registered, and shall in the prescribed form give to the person affected
thereby due notice of the correction and inform him of his right to object to
the correction and, if necessary, to appear and be heard by the [Chief
Electoral Officer] in accordance with Rule 16;
(c)shall consider any objection under paragraph (b), and make such correction
as seems to him to be necessary or as is necessary to give effect to a
decision of the [Chief Electoral Officer].
20. Numbering of names in the register. (1) The names in the register shall be
set out according to polling districts and in each polling district,..., shall
be numbered consecutively throughout beginning with the number one.
[(1A) Where it appears to the Chief Electoral Officer that a service voter has
given in his service declaration an address at which he has resided but no
longer resides, not being an address at which he would reside but for the
circumstances entitling him to make a service declaration, he shall group the
names of each such service voter in alphabetical order at the end of that part
of the register which relates to that address, beneath the heading "Other
Electors".]
(2) There shall be assigned to each polling district a distinguishing number
which (without being repeated before each number) shall be deemed to be
prefixed to and incorporated with every number in the list for that district.
21. Effect of alterations of boundaries. (1) the succeeding paragraphs of this
Rule shall have effect where the boundary of any [local government district]
or ward is altered by or under any enactment.
(2) Where such an alteration as aforesaid takes or is to take effect on or
after the qualifying date and before the publication date for the relevant
register the electoral officer shall so compile that register as to
incorporate and give effect to that alteration for the purposes of both
parliamentary and local elections.
(3) Where such an alteration as aforesaid
(a)affects only local government electoral areas; and
(b)is to take effect after the date of publication but on or before the date
on which the register could first be used for local elections;
22. Distinguishing marks in the register. (1) The electoral officer shall, in
accordance with [paragraphs (2) and (3)] distinguish in the register the
parliamentary and local electors specified in those paragraphs.
Para.(2) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II; 1969 c.26 (NI) s.6 sch.2
Pt.I; SR 1980/16
(3) Where under any enactment of the Parliament of the United Kingdom, a
register to be published in any year under section seven of the Representation
of the People Act, 1949, is to be combined with a register published under
this Act, the name in the combined register of an elector
(a)entitled to vote only at elections to the Parliament of Northern Ireland
[and at local elections], shall be preceded by the letter N;
(b)entitled to vote only at elections to the Parliament of the United Kingdom,
shall be preceded by the letter I;
Sub-para.(c) rep. by SR 1980/16
(d)against which in any register published under the said section seven a
letter is to be placed, shall be preceded by that letter;
Para.(4) rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I
23. Publication of register. (1) The electoral officer shall in accordance
with the Registration Time-table publish the register by making copies
available for inspection at his office and as soon as may be and in any event
not more than five days later by making copies of the part of the register
relating to each polling district available for inspection at the places at
which copies of the part of the electors lists relating to that
polling district have been made available for inspection.
(2) The electoral officer immediately after complying with paragraph (1) shall
in the prescribed form give public notice of such compliance in like manner as
is required by paragraph (1) and sub-paragraph (a)(i) of paragraph (2) of Rule
12.
24. Registration of service electors. (1) For the purpose of the registration
of service electors in any register under this Act, the electoral officer may,
if satisfied that the declarant satisfies the provisions of paragraph (i) or
paragraph (ii) of Part I of the First Schedule, accept a service declaration
made to the registration officer under the Representation of the People Act,
1949, and in force on the fifteenth day of September in the registration year
for that register; and any person appointed as proxy by a person making such a
declaration shall, unless the declarant notifies the electoral officer to the
contrary, be deemed a duly appointed proxy for the purposes of this Act.
(2) Paragraph (1) shall not be construed as preventing a person from making
such a declaration as is therein referred to under both the said Act of 1949
and this Act, or as invalidating any declaration so made.
(3) Any [person] who in the course of his duties under [this Act] ascertains
the name of a person who, but for his service as a merchant seaman, would have
been resident within the area allotted to that [person], shall furnish to the
electoral officer... a report to that effect; and thereupon such officer, if
he is satisfied that that person is duly qualified, shall enter his name in
the electors lists as a service elector.
(4) A merchant seaman whose name has been entered in the electors lists under
paragraph (3) may appoint a proxy as if he had completed a service declaration
under this Act; and the electoral officer shall notify such a person
accordingly.
[24A. Correction of the register. (1) Where the register of electors as
published does not carry out the intention of the Chief Electoral Officer
(a)to include the name of any person shown in the electors lists as a person
entitled to be registered; or
(b)to give or not to give in a person's entry a date as that on which he will
attain voting age or as to the date to be given; or
(c)to give effect to a decision on a claim or objection made with respect to
the electors lists,
(2) Where paragraph (1)(a) above does not apply but the
Chief Electoral Officer is satisfied by such evidence as he may require that
any person whose name is not included in a register of electors as published
is entitled to be registered in that register he shall make the necessary
correction in the register.
(3) An alteration made in the register of electors under paragraphs (1) and
(2) above on or after the date on which notice of an election is given shall
not have effect for the purposes of that election.
(4) An alteration shall not be made in the register of electors as published
otherwise than under paragraph (1) or (2) above or the provisions of Rule 24E
below relating to appeals.]
[24B. Claims for inclusion in the register of electors and objections thereto.
(1) A claim to be included in a register of electors, other than a claim in
respect of the electors lists under Rule 13, shall be made on the prescribed
form and may be made by a person either on his own behalf or on behalf of
another person.
(2) Where the claim is made by a person who is not entitled to be registered
except in pursuance of an appropriate service declaration it shall be
accompanied by that declaration unless the Chief Electoral Officer already has
possession of that declaration.
(3) The Chief Electoral Officer shall keep a list of claims made under
paragraph (1) above and shall
(a)on receipt of a claim, forthwith enter in that list the name and
qualifying address of the claimant or the person in respect of whom the claim
is made together with the date of that entry;
(b)at the first opportunity having regard to the provisions of paragraph
(5)(b) below (and subject to paragraph (4) below) publish a notice stating
that a new name has been added to that list; and
(c)record in that list against the name of any claimant or person in respect
of whom the claim is being made the date when the notice in respect of the
claim was published.
(4) Where a claim made under paragraph (1) above is received by the
Chief Electoral Officer after the sixteenth day of December but before the
sixteenth day of February in the next following year, he shall, unless it
appears that the claim relates to the existing register of electors, treat the
claim as one relating to the register of electors which will come into force
on the next sixteenth day of February and shall not publish a notice under
paragraph (3)(b) above in respect of such a claim until that register is
published.
(5) A notice under paragraph (3) above
(a)shall be published in the way the Chief Electoral Officer thinks best
calculated to bring it to the attention of the electors and may be published
in respect of one or more claims;
(b)shall be published on any day between the eleventh and twentieth day of any
month or in February between the eleventh and twenty-second day; provided that
only one notice shall be published in any month;
(c)shall state that any claim in respect of which the notice was published is
available for inspection at the Chief Electoral Officer's office; and
(d)shall specify the manner in which any objection to the claim may be made
and that any such objection must be delivered to the Chief Electoral Officer
not later than the last day of the month in which the notice is published.
(6) An objection shall be made on the prescribed form and may be made by any
person who is included in the register of electors.
(7) Claims and objections shall be made available for inspection in the
Chief Electoral Officer's office till such time as the claim has been disposed
of, or, in the case of an objection which has been disallowed before disposal
of the claim to which it relates, the time when it is disallowed.]
[24C. Preliminary disposal of claims and objections. (1) The
Chief Electoral Officer shall keep a separate list of objections made under
Rule 24B and shall, on receipt of an objection, forthwith enter in that list
the name and qualifying address of the person in respect of whom the objection
is made.
(2) If the Chief Electoral Officer is of the opinion
(a)that the particulars given in a claim or objection are insufficient, he may
ask for further information and take no further action until such information
is supplied;
(b)that the objector is not entitled to object or that the objection was
delivered after the expiry of the month in which the claims notice in respect
of the claim objected to was published, he may disallow the objection and
shall so inform the objector;
(c)that a claim relates to a register which is no longer in force, he shall
disallow the claim and shall so inform the person making the claim;
(d)that a claim or objection cannot be allowed because
(i)the matter has been concluded by the decision of a court; or
(ii)the particulars given in a claim or objection do not entitle the claimant
or objector to succeed,
(d)he may send to the person making the claim or objection a notice stating
his opinion and the grounds thereof and that he intends to disallow the claim
or objection unless that person gives the Chief Electoral Officer notice
within 3 days from the date of the Chief Electoral Officer's notice that he
requires the claim or objection to be heard and, if he receives no such notice
within the said time, he may disallow the claim or objection.
(3) If after the expiry of the month in which the claims notice in respect of
a claim has been published the Chief Electoral Officer is of opinion that the
claim may be allowed without a hearing, he may allow the claim provided that
no objection has been duly made thereto, and shall so inform the person making
the claim.
(4) Except where the Chief Electoral Officer allows or disallows a claim or
objection under paragraph (2) or (3) above, he shall, as soon as practicable
after the expiry of the month in which the claims notice in respect of a claim
was published, send a notice, in the case of a claim, to the person making the
claim, and, in the case of an objection, to the objector and the person
objected to stating the time and place at which he proposes to hear the claim
or objection; and the notice sent to a person objected to shall also state the
name and address of the objector and the grounds of the objection.
(5) The time fixed for the hearing of a claim or objection shall not be
earlier than the third day nor later than the fourteenth day after the date of
the notice of hearing referred to in paragraph (4) above.
(6) The Chief Electoral Officer shall make available for inspection at his
office the lists of claims and objections together with (when available) the
time and place at which he proposes to hear any claim or objection.
(7) When a claim has been disposed of the name and qualifying address of the
claimant or the person in respect of whom the claim is made shall be deleted
from the list of claims referred to in Rule 24B(3) and the list of objections
referred to in paragraph (1) above.
Provided that, where an objection has been disallowed before the disposal of
the claim to which it relates the name and qualifying address of the claimant
or the person in respect of whom the claim is made shall be deleted from the
list of objections at the time when the objection is disallowed.
(8) For the purposes of this Rule
(a)the expression "claims notice" means a notice published under Rule
24B(3)(b); and
(b)a particular claims notice is published in respect of a particular claim
where the date of that notice is recorded against the name of that claimant in
the list of claims kept by the Chief Electoral Officer in accordance with Rule
24B(3).]
[24D. Hearing of claims and objections. Paragraphs (1) to (4) of Rule 15 (as
inserted by Schedule 2 to the Electoral Law (Northern Ireland) Order 1972)
shall apply for the hearing of claims to be included in a register of electors
and objections thereto as it applies for the hearing of claims and objections
in respect of the electors lists.]
[24E. Registration appeals. (1) An appeal shall lie to the county court from
any decision of the Chief Electoral Officer under Rule 24A to make or not to
make an alteration in the register of electors as published.
(2) A person aggrieved by any decision of a county court upon a point of law
arising in the course of the hearing of an appeal under paragraph (1) may
appeal by way of case stated to the Court of Appeal.]
[24F. Decision on appeals. Rule 18(2) shall apply to an appeal under Rule 24E
in the same way as it applies to an appeal under Rule 17.]
25. Applications, notices, etc., not otherwise specifically provided for. (1)
Any application required by these Rules to be made to an electoral officer and
not otherwise specifically provided for shall be made in writing and shall be
signed by the applicant.
(2) Unless otherwise provided by these Rules
(a)any application, claim or notice required by these Rules to be made or
given to an electoral officer, may be sent to him by post to his office;
(b)any notice so required to be given by the electoral officer to any person
may be sent by post either
(i)to the address as given by that person for the purpose of or as appearing
in the list to which the notice relates; or
(ii)if there is no such address, to the last known place of abode of that
person.
26. Copies of the electors lists and register. (1) An electoral officer shall
at the request of a candidate or his election agent supply to him free of
charge two copies of the current register which if the candidate or his
election agent so requests may be copies printed on one side only and, for the
purposes of a parliamentary election, two additional copies which shall not be
copies printed on one side only.
[(2) The registration officer shall supply to any person applying therefor
copies of any part or parts of the register in force or of any electors lists
for so long as there are sufficient copies available after allowing for the
number which are required for the purposes of an election (including the
purposes of paragraph (1)) on payment
(a)in the case of a person who has been supplied in pursuance of paragraph (1)
with a copy of the register, of a fee at the rate of ten pence for each one
thousand (or part of one thousand) names in such copy;
(b)in the case of any other person, of a fee at the rate of one pound for each
one thousand (or part of one thousand) names in such copy.]
(3) When publishing the electors lists and the register under these Rules the
electoral officer shall cause to be printed such number of copies respectively
as will in his opinion suffice to enable him to comply with this Rule,
allowance being made for contingencies.
27. Duties of electoral officer as respects inspection of documents,
furnishing of copies, etc., to the Ministry, etc. An electoral officer in
relation to any register shall
(a)permit any person to inspect and take extracts from any claim or notice of
objection lodged under these Rules or any document required by these Rules to
be published or open to inspection;
(b)within twenty-eight days after the publication of any register send to the
Ministry one copy of the register; and a report thereon in such form and
containing such information as the Ministry may require;
(c)retain until the publication of the next following register all documents
received or prepared by him in connection with claims and objections, and
shall permit an authorised officer of the Ministry to inspect and take
extracts from any document so retained.
28. Ambiguities. An electoral officer may, where he thinks it expedient for
the purpose of clarification of any notice or of any entry in electors lists
or a register, insert therein against the name of any person such special
designation or description as he thinks appropriate.
Fourth Schedule rep. by SLR 1980
1. Time-table for local elections. The proceedings at elections to district
councils shall be conducted in accordance with the following table (in these
Rules referred to as the Time-table):
Wednesday in the monthof April.
the period between10 am and 5 pm on thefirst Wednesday in themonth of May.date
of the occurrence
of the vacancy, as the
returning officer shall fix.
day next following thenomination day.in paragraph (11) ofRule 11.the
expiration of the timeallowed for withdrawal,and not in any event laterthan
noon on the thirdday after the nominationday.next preceding the pollingday.
the third Wednesday inthe month of May.2. Computation of time. In the
computation of any period of time for the purposes of Rule 1, a Sunday or
public holiday shall be disregarded and shall not be treated as a day for the
purpose of any proceedings up to the completion of the poll, nor shall the
returning officer be obliged to proceed with the count on such a day.
3. Postponement of nominations and elections. Where there is in force an order
under Rule 2 of the Registration Rules postponing the date of publication of a
register or part of a register, the Secretary of State may direct that for any
day fixed by the Time-table for the nomination or election of candidates in
any local election to which that register or part relates there shall be
substituted such other day (not being later than three months after the day so
fixed) as may be specified; and any such direction may contain such
consequential provisions as may be necessary for giving effect to this Rule.
4. Deputy Returning Officers. In these Rules any reference to the returning
officer in relation to any function which has been delegated to a deputy or
assistant returning officer shall be construed as a reference to the deputy
returning officer or an assistant returning officer for the relevant local
government district.
5. Publication of notices. Any public notice required by these Rules to be
given shall, unless the Rules otherwise provide, be given by means of
(a)advertisement in one or more than one newspaper circulating in the area to
which the notice relates; or
(b)posters exhibited in suitable positions throughout that area; or
(c)any other method which the Chief Electoral Officer thinks necessary or
desirable for the purpose of bringing to the attention of persons interested
the matter so required to be notified; or
(d)two or more of the above-mentioned methods.
6. Notice of the election. The deputy returning officer shall, in accordance
with the Time-table in Rule 1, give public notice of an election in the form
numbered L.E.1 in the Appendix which shall state
(a)the principal and, if any, the subsidiary offices from which nomination
forms can be obtained;
(b)the number of members to be returned for each district electoral area in
the local government electoral area concerned;
(c)the dates, times and place for receiving nominations;
(d)the amount of the deposit;
(e)the date and time up to which withdrawal of candidature may be made;
(f)the date for the holding of the poll, if the election is contested;
(g)the last day for the receipt of applications to vote by post.
7. Nomination forms. Nomination forms referred to in Rule 8 shall be available
at the principal and, if any, the subsidiary offices from 9.30 a.m. to 5 p.m.
on Mondays to Fridays inclusive between the date of the publication of the
notice of election and up to 4.30 p.m. on the last day fixed for receiving
nominations and such nomination papers shall be supplied free of charge to any
person applying therefor.
8. Nomination and description of candidates.(1) Each candidate shall be
nominated by means of a separate nomination paper in the form numbered L.E.2
in the Appendix.
(2) The nomination paper shall be subscribed by two persons as proposer and
seconder, both such persons being registered in the register of local
government electors for the district electoral area for which the candidate is
being nominated.
(3) Where a nomination paper bears the signatures of more than the required
number of persons as proposing and seconding the nomination of a candidate,
the signature appearing first on the paper in each category shall be taken
into account to the exclusion of any others in that category.
(4) The number in the register of each person subscribing the nomination paper
shall be stated in the paper.
(5) No person shall subscribe more nomination papers at the same election than
there are vacancies to be filled in the district electoral area and, if he
does, his signature shall be inoperative on any paper other than the first
papers delivered up to the number of vacancies but a person shall not be
prevented from subscribing a nomination paper by reason only of his having
subscribed that of a candidate who has died or withdrawn before delivery of
the first-mentioned papers.
(6) A person shall not be validly nominated unless the nomination paper is
signed by him or on his behalf consenting to his nomination as a candidate for
election in the district electoral area concerned.
9. Description of candidate on nomination paper.(1) A nomination paper may,
subject to paragraph (2), include a description of the candidate.
(2) The description shall not exceed six words in length.
10. Receipt of nomination papers.(1) Each deputy returning officer shall on
nomination day attend at the principal office, between 10 a.m. and 5 p.m., for
the purpose of receiving nominations (in these Rules referred to as "the
nomination period") from or on behalf of candidates nominated for any district
electoral area comprised in the local government electoral area for which he
is deputy returning officer.
(2) The deputy returning officer shall also receive during
the nomination period the deposit of #15 (required by section 60(3)(b) as
amended by Article 10 of the Electoral Law (Northern Ireland) Order 1972) made
by each candidate.
11. Delivery and determination of validity of nomination papers and attendance
at nomination.(1) Each nomination paper shall be delivered to the deputy
returning officer at the principal office during the nomination period by the
candidate himself, or his proposer or seconder, or his election agent if the
election agent's name and address have been previously given to the returning
officer as required by section 34.
(2) The deputy returning officer shall endorse on the first nomination paper
received in respect of each candidate, and shall sign, a statement of the time
of receipt thereof and of the due lodgment of the candidate's deposit and
shall annex to that paper a second or any subsequent paper in the order in
which it is received but shall not be required to endorse any such second or
subsequent paper.
(3) The deputy returning officer shall as soon as practicable examine and
determine the validity of the first nomination paper received in respect of
each candidate, and if he determines it to be valid shall mark it accordingly;
and where a paper in respect of any candidate is so marked, the deputy
returning officer shall not be required to mark a second or any subsequent
paper in respect of that candidate.
(4) Where the deputy returning officer determines that the first of several
nomination papers received in respect of any candidate is invalid, he shall
examine, in the order of their receipt, the subsequent papers in respect of
that candidate and shall mark in accordance with paragraph (3) the first such
paper that he determines to be valid; and thereupon shall not be required to
examine any subsequent paper in respect of that candidate.
(5) The deputy returning officer shall for the purpose of paragraph (3)
determine a nomination paper to be valid if
(a)it is in the form numbered L.E.2 in the Appendix;
(b)the instructions in that form have been duly complied with;
(c)it is signed by or on behalf of the candidate consenting to his nomination;
and
(d)it is accompanied by the deposit in accordance with Rule 10,
(6) Where the deputy returning officer determines a nomination paper to be
valid his decision shall be final and, subject to paragraph (8), shall not be
questioned in any proceedings.
(7) Every person in respect of whom a nomination paper has under this Rule
been determined to be valid and whose candidature is not withdrawn under Rule
13 shall stand validly nominated as a candidate.
(8) Nothing in this Rule shall prevent the validity of the nomination of any
candidate from being questioned on an election petition.
(9) Except for the purpose of assisting the deputy returning officer, no
person shall be entitled to attend the proceedings during the time for
delivery of nomination papers or for making objections thereto, unless he is a
person nominated as a candidate or is the election agent, proposer or seconder
of such a person or, where such a person intends to be his own election agent,
another person designated by such person.
(10) Where more than one nomination paper is delivered in respect of any
candidate, the persons entitled to attend as his proposer and seconder shall
be those only who have, as such, subscribed such one of the papers as the
candidate may designate or, in default of such designation, the paper first
received (whether marked under paragraph (3) or not).
(11) Any person lawfully present at the nomination proceedings may, at any
time before the deputy returning officer determines the validity of a
nomination paper but not later than one hour after the expiration of
the nomination period inspect that nomination paper and object to the validity
of the nomination paper on the ground that it ought to be determined to be
invalid under paragraph (5), and the deputy returning officer shall take any
such objection into consideration and shall give his decision thereon as soon
as practicable.
12. Abandonment of nomination proceedings in case of riot, etc.(1) Where any
proceedings for or in connection with the nomination of candidates at the
election mentioned in items 2 to 4 of the Time-table set out in Rule 1 are
obstructed or interrupted by riot, open violence or any form of civil disorder
or disobedience, the deputy returning officer may abandon the nomination
proceedings for that day and he shall continue them on the next day
(determined in accordance with Rule 2).
(2) If the returning officer is satisfied (whether or not they have commenced)
that the nomination proceedings on any day are likely to be obstructed or
interrupted as specified in paragraph (1) at or in the general vicinity of the
nomination place, he may abandon the nomination proceedings for that day and
he shall continue or, as the case may be, commence them on the next day
(determined in accordance with Rule 2).
(3) Where proceedings are abandoned by virtue of this Rule nothing may be done
after they are continued if the time for doing it had passed at the time of
the abandonment, nor shall anything done before the abandonment be invalidated
by reason thereof.
(4) Where the nomination proceedings are abandoned under this Rule, the
returning officer shall make such amendment to the Time-table for the election
in that district electoral area as he considers necessary.
13. Withdrawal of candidature. A candidate may withdraw his candidature by a
notice of withdrawal signed by him and delivered in person by him, his
election agent or his proposer to the deputy returning officer not later than
3 p.m. on the day next following the nomination period.
14. Publication of nominations.(1) The deputy returning officer shall, as soon
as practicable after he has determined that a nomination paper is valid,
prepare a notice stating the name and description of the person nominated in
the paper, the names and addresses of his proposer and seconder and the
district electoral area for which the person has been nominated and shall
cause such notice to be displayed outside the place at which he is receiving
nominations.
(2) The deputy returning officer shall, as soon as practicable after the
period for withdrawals has elapsed, cause public notice (in the manner
provided by Rule 5) to be given in the form numbered L.E.4 in the Appendix
detailing the names and other particulars of each candidate then standing
validly nominated for each separate district electoral area comprised in the
local government electoral area.
(3) A certified copy of such published notices for each district electoral
area shall be transmitted by the deputy returning officer to the returning
officer.
15. Death of a candidate(1) Where before the latest time for the withdrawal of
candidature under Rule 13 the deputy returning officer is given proof to his
satisfaction that a candidate standing nominated for a district electoral area
has died, he shall immediately give public notice to that effect and the
candidature of the candidate shall be deemed to have been withdrawn.
(2) Where at any time after the latest time for the withdrawal of candidature
under Rule 13 and before the commencement of the poll the deputy returning
officer is given proof to his satisfaction that a candidate, standing
nominated for election for a district electoral area, has died, the following
provisions shall have effect in relation to the election for that district
electoral area:
(a)if notice of the poll has been given, the deputy returning officer shall
forthwith countermand the poll for that district electoral area;
(b)all the proceedings for the election in that district electoral area shall
be commenced afresh, but any surviving candidate or candidates standing
nominated for the countermanded election at the time when the deputy returning
officer became satisfied of the death of the candidate shall be deemed to have
been nominated for the fresh election;
(c)the deputy returning officer shall forthwith give public notice that all
acts done in connection with the election (other than the nominations of the
surviving candidates) are void and that a fresh election for that district
electoral area will be held;
(d)the deputy returning officer shall forthwith publish the notice of election
in relation to the fresh election;
(e)at the fresh election the earliest time for receiving nominations shall be
10 a.m. on the day next following the date of the publication of the said
notice of election and the latest time for receiving nominations shall be 5
p.m. on the third day next following the said date;
(f)the polling day at the fresh election shall be such day, being not more
than fourteen days after the latest date for receiving nominations, as shall
be fixed by the deputy returning officer, with the approval of the returning
officer.
(3) Where at any time after the commencement of the poll at an election for a
district electoral area and before the close of such poll, the deputy
returning officer is given proof to his satisfaction that a candidate standing
nominated for election for that district electoral area has died
(a)all votes cast at the election for that district electoral area shall be
disregarded and the ballot papers destroyed;
(b)the provisions of sub-paragraphs (a), (c), (d), (e) and (f) of paragraph
(2) of this Rule shall apply to the election for the said district electoral
area.
(4) The death of a candidate standing nominated at an election in
circumstances other than those referred to in paragraphs (1), (2) and (3)
shall not invalidate his nomination or any preference recorded for him and, if
he is elected, his election shall not be invalidated by reason of his death,
but he shall be deemed to have vacated his membership of the district council
on the day on which the newly-elected members come into office and the vacancy
shall be deemed to be a casual vacancy and shall be filled accordingly.
16. Declaration of result of election. Where the number of candidates standing
validly nominated is equal to or less than the number of members to be
returned by that district electoral area, the statement referred to in Rule
14(2) shall also declare those candidates to have been elected.
17. Poll to be taken by ballot.(1) The votes at the poll shall be given by
secret ballot.
(2) The votes given to each candidate shall be counted and the result of the
poll shall be determined in accordnace with Part V.
18. Notice of the poll. The deputy returning officer shall in the statement of
candidates standing validly nominated include a notice of the poll, stating
the day on which and the hours during which the poll will be taken and the
number of members to be returned for the district electoral area.
19. Ballot papers.(1) The ballot of every voter shall consist of a ballot
paper and the persons named in the notice published under Rule 14 as standing
validly nominated, and no others, shall be entitled to have their names
inserted in the ballot paper.
(2) Every ballot paper shall be in the form numbered L.E.6 in the Appendix and
shall be printed in accordance with the directions therein, and
(a)shall contain the names and other particulars of the candidates standing
validly nominated, as shown in the above-mentioned notice;
(b)shall be capable of being folded up;
(c)shall have a serial number printed on the back; and
(d)shall have attached a counterfoil having the same serial number printed on
the face.
(3) The colour of the ordinary ballot papers shall be white and the colour of
the tendered ballot papers issued in accordance with Rule 44 shall be pink.
(4) All ballot papers shall be made up in books which
(a)for ordinary ballot papers shall each contain, at the discretion of the
deputy returning officer, either fifty or one hundred papers;
(b)for tendered ballot papers shall each contain twenty-five papers;
(c)shall be so bound that at the close of the poll the counterfoils of the
issued papers can be detached from those of the unused papers.
(5) It shall be the duty of the deputy returning officer to make arrangements
for the printing for the election of such number of ballot papers of each
appropriate colour as he thinks adequate, the ballot papers of each colour to
be numbered consecutively.
20. The official mark.(1) Every ballot paper shall at the time of issue be
marked with an official mark, which shall be either embossed or perforated so
as to be visible on both sides of the paper, and for this purpose the
returning officer shall provide a sufficient number of marking instruments.
(2) The official mark to be used on postal ballot papers (in these Rules
referred to as the "postal voting mark") shall be different from that to be
used for ballot papers issued to electors voting in person.
(3) It shall be the duty of the deputy returning officer to ensure
(a)that the official mark is kept secret; and
(b)that any particular mark is not used in any individual district electoral
area more often than once in any period of seven years.
21. Poll cards.(1) Official poll cards in the form numbered L.E.7 in the
Appendix shall be prepared by the deputy returning officer in respect of the
electors registered in the district electoral area and shall be issued by post
to those electors (and, in addition, where an elector has appointed a proxy,
to that proxy) as soon as practicable after notice of poll:
Provided that an official poll card need not be sent to any person as an
elector if he is placed on the postal voting list for the election, or to any
person as a proxy if his application to vote as such by post is allowed for
the election.
(2) An elector's official poll card shall be sent to his qualifying address, a
proxy's to his address as shown in the list of proxies.
22. Postal voting.(1) An application to be treated as an absent voter shall be
(a)in form L.E.33 in the Appendix in the case where the application is made on
the grounds of physical disability or religious observances;
(b)in form L.E.34 where the application is made on the grounds of occupational
incapacity or employment on polling day.
(2) An application to be treated as an absent voter based on the ground of
religious observances shall not be allowed by the deputy returning officer
unless it is accompanied by a certificate signed by a Minister of the
applicant's religious denomination certifying the nature and times of the
religious observances and that the applicant is bound to observe them.
(3) An application to be treated as an absent voter, based on the ground of
physical incapacity, including blindness, shall be allowed by the deputy
returning officer if the application is accompanied by a certificate signed by
a registered medical practitioner certifying, or a declaration signed by a
Christian Science practitioner stating, that the applicant is unable, or
likely to be unable, by reason either of blindness or any other physical
incapacity to go in person to the polling station or, if able to go, to vote
unaided.
(4) The completed application form must be received by the deputy returning
officer not later than 12 days before the day of the poll.
(5) The deputy returning officer on disallowing a person's application to be
treated as an absent voter shall notify the applicant of the fact.
(6) Where the deputy returning officer allows an application to be treated as
an absent voter and the applicant gives an address in the United Kingdom to
which a ballot paper may be sent the deputy returning officer shall place that
person's name on the postal voting list for the election.
23. General provisions as to postal ballot papers.(1) No person other than
(a)the returning officer, his deputy, his assistants and his clerks;
(b)the candidates;
(c)the election agents or persons appointed by those agents;
(d)such other persons as the deputy returning officer may admit,
(2) Where by reason of the number of postal voters the deputy returning
officer decides that the issue of the ballot papers or the opening of the
envelopes containing ballot papers is to be carried out in two or more batches
simultaneously, the deputy returning officer shall authorise the election
agent of each candidate to appoint one additional person to be present with or
on behalf of the election agent at each such issue or opening.
(3) The deputy returning officer shall
(a)give to the election agent of each candidate reasonable notice of the time
and place at which the issue of postal ballot papers will commence and of the
number of persons who may be appointed to be present thereat; and
(b)where he intends to issue those papers on more than one day, also indicate
the date and hour of commencement of the final issue.
(4) The deputy returning officer may if he thinks fit (and taking due
precautions for the safe-keeping of the marked copy of the postal voting list,
the unused ballot papers and the counterfoils of those issued) adjourn from
day to day the proceedings on any day other than that of the final issue of
postal ballot papers and the intimation at the time of such adjournment of the
date and hour of resumption shall be sufficient notice to all persons
concerned.
(5) All proceedings under paragraph (4) shall be conducted at the same place.
(6) The deputy returning officer shall ensure that postal ballot papers are
issued not later than such time as will enable them to be marked and returned
to him before the close of the poll.
(7) The time fixed for the commencement of the issue of postal ballot papers
may, if the deputy returning officer thinks fit, be earlier than the latest
time for the receipt of applications to vote by post; but the time of the
final issue of postal ballot papers shall be so fixed as to ensure that the
postal voting list is complete and that postal ballot papers are issued to all
electors entitled thereto.
(8) The deputy returning officer shall provide at the principal office a
sufficient number of postal ballot boxes constructed in accordance with Rule
29(3)(a) and such boxes shall have the words "Postal Ballot Box" and the name
of the district electoral area for which the boxes are to be used marked on
them.
(9) As soon as the first issue of postal ballot papers has been completed the
boxes shall be exhibited empty to, and shall be locked and sealed in the
presence of, the election or other agents of the candidates and any such agent
so requiring may also affix his seal.
(10) The deputy returning officer shall give to the election agent of each
candidate not less than twenty-four hours' notice in writing of
(a)the time and place at which the postal ballot boxes and the envelopes
therein contained will be opened; and
(b)the number of persons who may be appointed to be present thereat.
(11) The deputy returning officer shall make provision for the safe custody of
every postal ballot box.
(12) No proceedings under this Rule or Rule 25 or 26 shall be invalidated by
reason of the non-attendance of any candidate, agent or other person appointed
to be present at the proceedings if any notice required by this Rule has been
given.
24. Declaration of secrecy.(1) Every person attending the proceedings at
either the issue or receipt of postal ballot papers shall before being
admitted to the proceedings make a declaration of secrecy.
(2) Before the opening of the poll a declaration of secrecy shall be made by
(a)the returning officer, the deputy returning officer and assistant returning
officers;
(b)every officer or clerk authorised to attend at a polling station or at
the count;
(c)every candidate attending at a polling station or at the count and every
election agent so attending;
(d)every polling agent and counting agent; and
(e)every person permitted by the returning officer to attend at the poll or
the count.
(3) Notwithstanding anything in paragraph (2), the following persons attending
only at the count, that is to say:
(a)any candidate;
(b)any election agent;
(c)any person permitted by the returning officer to attend,
(4) Any messenger sent by or on behalf of the returning officer or deputy
returning officer shall before entering a polling station or being admitted to
a count make a declaration of secrecy.
(5) The declaration of secrecy shall be made and signed
(a)by the returning officer in the presence of and countersigned by a justice
of the peace;
(b)by a deputy returning officer in the presence of and countersigned by a
justice of the peace or the returning officer;
(c)by every other person in the presence of and countersigned by a justice of
the peace or the returning officer or deputy returning officer,
(6) The declaration of secrecy to be made under this Rule shall be made on a
form supplied by the returning officer and shall be as follows:
"I solemnly promise and declare that I will not do anything forbidden by
paragraph 27 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962
and I hereby acknowledge receipt of a copy of that paragraph which has been
given to me at the time of making this declaration.".
25. Proceedings on the issue and return of postal ballot papers.(1) The ballot
papers to be sent to postal voters shall be marked with the postal voting mark
as provided by Rule 20 but in other respects shall be the same as those to be
issued to electors voting in person.
(2) A printed declaration in the form numbered L.E.35 in the Appendix (in
these Rules referred to as a "voter's declaration") shall be sent with each
postal ballot paper and shall have printed on the back thereof the
instructions to the voter set out in that form and shall be marked with the
postal voting mark.
(3) The deputy returning officer shall cause
(a)the serial number and the particulars of each elector as shown in the
postal voting list to be called out;
(b)each such serial number to be marked on the counterfoil of a ballot paper;
(c)a mark to be placed in a copy of the postal voting list against the number
of the elector to denote that a ballot paper has been issued to him, but
without identifying the ballot paper.
(4) The deputy returning officer shall for each postal voter place in an
envelope addressed to the voter at the address recorded in the postal voting
list
(a)the ballot paper duly marked in accordance with paragraph (1);
(b)the form of voter's declaration duly marked in accordance with paragraph
(2);
(c)an envelope addressed to the returning officer (in these Rules referred to
as the "covering envelope");
(d)a smaller envelope marked "Ballot Paper Envelope",
(5) If the deputy returning officer is satisfied that two or more entries in
the postal voting list relate to the same person he shall not issue more than
one ballot paper in respect of such entries.
(6) The deputy returning officer shall count all envelopes addressed to postal
voters and forthwith deliver the envelopes to the nearest head post office or
such other office as may be arranged by him with the head postmaster; and the
deputy returning officer shall obtain from the postmaster a duly stamped
receipt stating the number of envelopes so delivered.
(7) As and when the covering envelopes are received from postal voters the
deputy returning officer shall place them unopened in one of the boxes which
have been locked and sealed under Rule 23(9) and one such box shall be kept
available for that purpose until the close of the poll but not later.
(8) If the deputy returning officer on receiving and opening an envelope,
other than a covering envelope, addressed to him as deputy returning officer,
finds therein any documents appropriate to a covering envelope, he shall,
without examining such documents,
(a)effectually close the envelope so received;
(b)endorse thereon and sign a statement that it has been closed with its
contents intact;
(c)place the closed envelope in a ballot box in accordance with paragraph (7);
and
(d)treat such envelope for all purposes as a covering envelope.
(9) The deputy returning officer may, at any time before the close of the
poll, open the postal ballot boxes other than that kept available under
paragraph (7) and that box shall be opened as soon as may be after the close
of the poll and before the beginning of the count, and in relation to that box
the same procedure, as nearly as may be, shall be followed as in relation to
the other ballot boxes under these Rules.
(10) At the hour fixed for the close of the poll the deputy returning officer
shall in the presence of the election or other agents of the candidates either
(a)seal any postal ballot box then remaining open for the insertion of
covering envelopes so that no further such envelopes can be inserted therein;
or
(b)forthwith open such box and extract and deal with the contents in
accordance with Rule 26.
26. Proceedings on the opening of the postal ballot boxes containing
covering envelopes.(1) Before opening the postal ballot boxes the deputy
returning officer shall exhibit to any candidates or agents then present the
boxes duly locked and sealed and shall then
(a)open the ballot boxes in succession and remove the contents from each;
(b)close and lock and seal each empty ballot box and permit it to be sealed by
any election or other agent so requiring; and
(c)count and note the number of covering envelopes removed from the ballot
boxes.
(2) The covering envelopes removed from each ballot box shall each be opened
separately and, where any such envelope is found to contain one voter's
declaration and one ballot paper envelope or one such declaration and one
ballot paper and only such declaration and envelope or only such declaration
and ballot paper as the case may be, such contents shall be dealt with as
provided in the succeeding paragraphs of this Rule but, subject to paragraph
(6), in every other case the envelope and its contents shall be set aside and
disregarded.
(3) If on complying with paragraph (2)
(a)the deputy returning officer is satisfied that the voter's declaration has
been duly signed and authenticated and bears the postal voting mark he shall
(i)place the declaration in a receptacle specially provided for accepted
declarations; and
(ii)open the ballot paper envelope and if it contains one ballot paper, and
only such ballot paper, place it, or where the ballot paper is not enclosed in
an envelope place that paper, in a ballot box which has been locked and sealed
under paragraph (1) and if a ballot paper envelope does not contain a ballot
paper mark the envelope "empty";
(b)the deputy returning oficer is not satisfied that the voter's declaration
has been duly signed and authenticated or if the said declaration does not
bear the postal voting mark, he shall endorse on the declaration the words
"vote rejected" and shall attach thereto the ballot paper envelope unopened or
if there is no such envelope, place the ballot paper in a
ballot paper envelope and effectually close it and attach it to the
declaration.
(4) Where the deputy returning officer proposes to reject a voter's
declaration, he shall permit it to be examined by the election or other agents
then present, and, if any such agent objects to the proposed rejection, shall
add to the endorsement the words "rejection objected to".
(5) The decision of the deputy returning officer on any question arising in
respect of a voter's declaration shall be final, but shall be subject to
review on an election petition.
(6) If, in any covering envelope opened under paragraph (2), there is found
only a ballot paper envelope, the deputy returning officer shall open the
ballot paper envelope and, if one voter's declaration and one ballot paper and
only such declaration and ballot paper are found therein, the deputy returning
officer shall immediately deal with such declaration and ballot paper in
accordance with paragraphs (3) and (4).
(7) The deputy returning officer shall take due precautions to ensure the
secrecy of the ballot with regard to any ballot paper not enclosed in, or
removed from, a ballot paper envelope.
(8) All documents set aside and disregarded under paragraph (2) shall be
endorsed with the word "rejected" and all such documents and all rejected
declarations with the attached envelopes shall be kept by the deputy returning
officer separate from all other documents.
(9) As soon as the contents of any postal ballot box have been dealt with in
accordance with the preceding paragraphs of this Rule, the ballot box in which
the ballot papers have under paragraph (3)(a) been placed shall be sealed by
the deputy returning officer so that no further ballot papers can be inserted
therein.
27. Disposal by deputy returning officer of postal voting documents.(1) As
soon as practicable after completing the issue of postal ballot papers, the
deputy returning officer shall in the presence of the several election or
other agents make up in separate packets, sealed with his own seal and with
that of any such agent so requiring, the marked copy of the postal voting list
and the counterfoils of the ballot papers issued.
(2) Notwithstanding paragraph (1), where any further issue of postal ballot
papers is to be made, the deputy returning officer may for that purpose open
the packet containing the copy of the postal voting list, and, on the
completion of such further issue, that copy and the counterfoils of the ballot
papers so issued shall be dealt with in accordance with paragraph (1).
(3) The deputy returning officer shall make up in separate packets (to be
sealed by him)
(a)the voters' declarations which accompanied the accepted ballot papers;
(b)any rejected voters' declarations, with any envelopes thereto attached;
(c)any rejected ballot papers, with any envelopes thereto attached;
(d)any ballot paper envelopes marked "empty" under Rule 26(3); and
(e)all documents marked "rejected" under Rule 26(8).
(4) The deputy returning officer shall make up, unopened, in separate packets
(to be sealed by him)
(a)any covering envelopes received by him after the close of the poll;
(b)any envelopes addressed to postal voters and returned as undelivered.
(5) The deputy returning officer shall prepare a statement in the form
numbered L.E.25 in the appendix setting out the number of postal ballot papers
issued, and such other particulars as are required by that form.
(6) Where after the deputy returning officer has complied with paragraph (5)
any envelopes sent to postal voters are returned as undelivered, or any
covering envelopes are received by him, the deputy returning officer shall
retain all such envelopes unopened in a packet sealed by him.
(7) The deputy returning officer shall mark on each packet particulars of its
contents, the date of the election to which they relate and the name of the
district electoral area for which the election was held.
28. Use of schools and public rooms.(1) The deputy returning officer may for
the purpose of the taking of the poll or the counting of the votes use, free
of charge
(a)a room in a school to which this Rule applies;
(b)a room the expense of maintaining which is payable out of any rate.
(2) This Rule applies to a school in receipt of a grant out of moneys
appropriated for the purpose, not being a school adjoining or adjacent to any
church or other place of worship or connected with a nunnery or other
religious establishment.
(3) The deputy returning officer shall make good any damage to, and defray any
expense incurred by the persons having control over, any such room as
aforesaid by reason of its being used under paragraph (1).
(4) The use of any unoccupied premises or any part thereof for the purpose of
the taking of the poll or the counting of the votes shall not render any
person liable to be rated or to pay any rate for the premises.
29. Polling stations and ballot boxes.(1) The deputy returning officer shall
make adequate provision for the heating, lighting and cleaning of each polling
station.
(2) The deputy returning officer shall provide at each polling station a
sufficient number of ballot boxes, one or more than one of which may be
provided in any room in the polling station and a polling station in which
there is so provided
(a)one ballot box is in these Rules referred to as a "single box station";
(b)more than one ballot box is in these Rules referred to as a "multiple
station".
(3) Every ballot box so provided
(a)shall be so constructed that
(i)it will adequately withstand the wear and tear of transit;
(ii)it will contain the ballot papers of such number of electors as are
allotted to it;
<(iii)it can be securely locked and that while it is so locked ballot papers can be inserted therein but cannot be extracted;
<(iv)the lock and aperture for the insertion of ballot papers can be sealed after the close of the poll;
(b)shall be clearly marked with a distinctive number and with the name and
number of the polling station in which it is to be used.
(4) The deputy returning officer shall allot the electors to the polling
stations in such manner as, in his opinion, will be most convenient for them,
and shall suitably divide the electors allotted to each multiple station among
the ballot boxes at that station.
(5) The deputy returning officer shall provide at each polling station such
number of compartments as may be necessary to enable the voters to mark their
ballot papers screened from observation.
(6) In any room in a polling station in which two or more ballot boxes are
provided the compartments to be used by the electors allotted to any box shall
be so fixed in relation to that box as to render it inconvenient for a voter
after marking his ballot paper to place it in any ballot box other than that
to which he is allotted.
30. Appointment of presiding officers, poll clerks, etc.(1) The deputy
returning officer shall for every polling station appoint a presiding officer
for each ballot box therein provided, and in a multiple station may designate
as senior presiding officer one of the presiding officers who in addition to
his functions as presiding officer shall, perform such functions as are by
these Rules conferred on a senior presiding officer and such other duties as
may be assigned to him by the deputy returning officer.
(2) The deputy returning officer shall appoint a poll clerk to assist each
presiding officer.
(3) The deputy returning officer shall appoint such clerks and other
assistants as he considers necessary for the due conduct of the election.
(4) The deputy returning officer shall not employ in any capacity for the
purposes of the election a person who has been employed by or on behalf of a
candidate in or about the election.
(5) The deputy returning officer shall, on the due performance of the duties
for which they were appointed, pay to persons appointed under this Rule
remuneration in accordance with the scale framed and approved under section 23
as amended by Schedule 2 to the Electoral Law (Northern Ireland) Order 1972
and Articles 2 and 5 of the Northern Ireland (Modification of EnactmentsNo.1)
Order 1973.
(6) The deputy returning officer may, in the absence or incapacity of a
presiding officer, or where in the opinion of the deputy returning officer the
circumstances so warrant or require, perform all or any of the functions of
that officer, and while so doing shall be subject to these Rules in like
manner as if he had been appointed a presiding officer.
(7) Subject to any direction of the deputy returning officer, any functions of
a presiding officer may be performed on his behalf by any person appointed
under these Rules to assist him.
31. Appointment of polling agents and counting agents, etc., and
non-attendance of candidates and their election or other agents.(1) The
Election agent of each candidate may before the commencement of the poll
appoint in accordance with this Rule polling agents to attend at polling
stations on behalf of the candidate for the purpose of detecting personation,
and a counting agent to attend the count on his behalf.
(2) The number of polling agents who may be appointed to attend at any polling
station on behalf of any candidate shall be one more than the number of ballot
boxes provided at that station.
(3) Only one counting agent may be appointed on behalf of a candidate.
(4) Each election agent shall, not later than the time of the opening of the
poll, give written notice to the presiding officer at each polling station (or
in a multiple station, the senior presiding officer) of the name and address
of every polling agent appointed by him to attend at that station.
(5) Each election agent shall, not later than two days before the polling day,
give written notice to the deputy returning officer of the name and address of
the counting agent appointed by him.
(6) If any polling agent or counting agent dies or becomes incapable of
acting, the election agent who appointed him may appoint another agent in his
place and shall forthwith give written notice of the name and address of the
person so appointed to the deputy returning officer who shall in the case of a
polling agent forthwith give particulars of such notice to the presiding
officer at the appropriate polling station or, in a multiple station, to the
senior presiding officer.
(7) A candidate may lawfully do or assist in the doing of any act or thing
which might lawfully be done on his behalf by a polling agent or counting
agent.
(8) Any act or thing by these Rules required or authorised to be done in the
presence of the candidates or their election or other agents shall not be
invalidated by reason only of the non-attendance of any candidate or any such
agent or agents at the time and place appointed for so doing.
32. Marking of register. In the copy of the current register to be used at the
election in connection with the issue of postal or other ballot papers, the
deputy returning officer shall before the polling day
(a)mark the letter "A" against the name of every elector entered on the postal
voting list;
(b)mark the letters "PS" against the name of every elector registered by
virtue of a service qualification who has appointed a proxy; and
(c)mark the letters "PC" against the name of every other elector who has
appointed a proxy.
33. Election equipment, etc.(1) The deputy returning officer shall provide at
each polling station
(a)such furniture as he thinks necessary for the efficient conduct of the
poll, having regard to the convenience and comfort of the officers and clerks
concerned;
(b)for each compartment therein, such materials as he thinks necessary for the
purpose of enabling voters to mark their ballot papers;
(c)copies of directions for the guidance of voters (in the form numbered
L.E.32 in the Appendix) which he shall cause to be conspicuously displayed
(i)in every room in the polling station in which a ballot box is provided; and
(ii)in every compartment;
(d)sufficient copies of such directions as will enable voters to proceed
without difficulty to the ballot boxes to which they are allotted, which
directions he shall cause to be conspicuously displayed;
(e)for the presiding officer for each ballot box
(i)such number of ballot papers as the deputy returning officer thinks
adequate for the due conduct of the poll, a record being kept by him of the
serial numbers of the ballot papers so provided;
(ii)one marking instrument;
<(iii)that part of the marked copy of the register which contains the names of the electors allotted to the box;
<(iv)a copy of so much of the list of proxies as relates to such part of the register as aforesaid;
(v)such other documents and forms as may be appropriate;
<(vi)such stationery and other materials as the deputy returning officer thinks necessary for the due conduct of the poll.
(2) The deputy returning officer shall provide such furniture, stationery and
other materials as he thinks necessary for the counting of the votes.
(3) In paragraphs (4) to (7) "election equipment" means ballot boxes,
compartments and such furniture as is referred to in paragraph (1)(a) or (2)
and such other of the materials and things referred to in paragraphs (1) and
(2) as are capable of being used at a subsequent election.
(4) All election equipment held by the returning officer shall be made
available to the deputy returning officer for an election held in the area of
the district council.
(5) It shall be the duty of the returning officer to ensure that all
election equipment provided by him is fit for use and in good order.
(6) A deputy returning officer may make such arrangements as he thinks fit for
the repair of election equipment; and any expenditure incurred in pursuance of
such arrangements, in accordance with the scale framed and approved under
section 23 as amended by Schedule 2 to the Electoral Law (Northern Ireland)
Order 1972 and Articles 2 and 5 of the Northern Ireland (Modification of
EnactmentsNo.1) Order 1973, shall be part of the election expenses of the
deputy returning officer.
(7) The Chief Electoral Officer shall arrange for the issue on loan free of
charge to the deputy returning officer on demand, of as many marking
instruments as may be required for the purpose of the election.
34. Opening of the poll.(1) Immediately before the commencement of the poll
the presiding officer for each ballot box shall show the box, empty, to such
persons, if any, as are present in the polling station and shall then lock
that box and place his seal on it in such manner as to prevent its being
opened without breaking the seal, and shall place it in his view for the
deposit of ballot papers, and keep it so locked and sealed.
(2) The senior presiding officer at a multiple station and the presiding
officer at a single box station shall cause the door of the station to be
opened for the admittance of voters at the precise time fixed by Rule 1 for
the opening of the poll, and no person shall before that time be admitted to
the polling station for the purpose of recording his vote.
35. Admission to polling station.(1) Except for the purpose of recording his
vote, no person shall be admitted to a polling station other than
(a)the returning officer, the deputy returning officer or assistant of his;
(b)any messengers sent by or on behalf of the returning officer or deputy
returning officer;
(c)the presiding officers and poll clerks for the ballot boxes in the station;
(d)the candidates and their election agents and polling agents;
(e)a person admitted under Rule 41(3);
(f)constables and members of Her Majesty's forces on duty;
(g)a person permitted by the returning officer or deputy returning officer to
observe the conduct of the poll.
(2) Subject to Rule 42, a person shall not be admitted to vote at any polling
station other than that to which he is allotted.
(3) The presiding officer for any ballot box shall regulate the number of
voters to be admitted at the same time for the purpose of recording their
votes in that box.
36. Meaning of polling station. For the purposes of these Rules a polling
station shall include
(a)any entrance porch, vestibule, corridor, ante-room or passageway whereby
entrance to the polling station can lawfully be effected;
(b)any road or path connecting the polling station with a public road or
street;
(c)any other place within the same curtilage as the polling station.
37. Maintenance of order in polling station.(1) It shall be the duty of the
senior presiding officer assisted by other presiding officers in a
multiple station and of the presiding officer in a single box station to keep
order in that polling station.
(2) If a person misconducts himself in a polling station or fails to obey the
lawful orders of a presiding officer, he may immediately, by order of the
presiding officer, be removed from the polling station by a constable or
member of Her Majesty's forces on duty in or near that station or by any other
person authorised in writing by the deputy returning officer to remove him,
and a person so removed shall not re-enter the polling station without the
permission of the presiding officer.
(3) Any person so removed may, if charged with the commission in the polling
station of an offence, be dealt with as a person taken into custody by a
constable for an offence without a warrant.
(4) The powers conferred by this Rule shall not be exercised so as to prevent
a voter who is otherwise entitled to vote at a polling station from having an
opportunity of voting at that station.
38. Where the poll cannot be held or completed at the time and place
appointed.(1) Where the proceedings at any polling station are obstructed or
interrupted or voters are prevented from coming to the polling station by
riot, open violence or any form of civil disobedience, the deputy returning
officer or the presiding officer may adjourn the proceedings to the next
following day and, where the presiding officer does so, shall forthwith inform
the deputy returning officer and, where he considers it necessary, the deputy
returning officer or, if he obtains the approval of the deputy returning
officer, the presiding officer, may further adjourn the proceedings until the
obstruction or interruption has ceased.
(2) Where, under paragraph (1), the poll is adjourned at any polling station
(a)the hours of polling on the day to which it is adjourned shall be the same
as for the original day;
(b)references in these Rules to the close of the poll shall be construed
accordingly; and
(c)the deputy returning officer shall inform the returning officer of the
adjournment.
(3) Where a polling station is damaged by fire or in any other manner and by
reason of such damage a poll at that polling station cannot be held or
completed at the time and place appointed by or under these Rules, the
Chief Electoral Officer may order the poll to be held at another place or
another poll to be held for electors allocated to that polling station and may
as far as may appear to him to be necessary or expedient modify any of these
Rules and give directions for the purposes of such poll and the election to
which that poll relates.
39. Voting procedure.(1) Subject to Rules 43 to 45, a ballot paper shall be
delivered
(a)to a voter who applies therefor declaring his surname and other names or
their initials, his qualifying address and his number in the register (if
known to him); and
(b)subject to paragraph 3(3) of Schedule 7 to a person who applies therefor as
proxy declaring the surname and other names or their initials and the address
of himself and of the elector who has appointed him as a proxy;
(i)the number, name and description of the elector as stated in the marked
copy of the register shall be called out;
(ii)the number of the elector shall be marked on the counterfoil;
<(iii)the ballot paper shall be stamped with the official mark;
<(iv)a short horizontal line shall be placed in the marked copy of the register against the number of the elector to denote that a ballot paper has been issued to that elector or his proxy but without showing the number of the ballot paper so issued; and
(v)where a person applies for a ballot paper as proxy, a mark shall also be
placed against his name in the list of proxies.
(2) A presiding officer shall not issue a ballot paper
(a)to a person claiming to vote in person where the entry in the register
relating to that person is marked with the letter "A";
(b)to any person other than the duly appointed proxy claiming to vote in
person where the relevant entry in the register is marked with the letters
"PC".
(3) Where the relevant entry in the register is marked with the letters "PS" a
presiding officer shall issue a ballot paper either to the elector or to his
proxy, whoever first applies.
(4) The voter, on receiving the ballot paper, shall, subject to Rule 41,
forthwith proceed alone into one of the compartments provided for the ballot
box to which he is allotted and shall
(a)secretly record his vote by placing on the ballot paper the figure 1
opposite the name of the candidate for whom he votes and in addition, if he so
wishes, by placing the figure 2 opposite the name of the candidate of his
second choice, the figure 3 opposite the name of the candidate of his third
choice and so on in the order of his preference;
(b)fold the paper so that his vote is concealed;
(c)return to the presiding officer's table and show the folded paper to the
presiding officer so as to disclose the official mark; and
(d)put the folded paper into the ballot box in the presence of the presiding
officer.
(5) The voter shall vote without undue delay and shall leave the polling
station as soon as he has put his ballot paper into the ballot box.
40. Spoilt ballot papers.(1) A voter who has inadvertently spoilt his ballot
paper may, on delivering it to the presiding officer and proving to his
satisfaction the fact of the inadvertence, obtain another ballot paper in
place of the spoilt ballot paper so delivered and the spoilt ballot paper and
the counter foil thereof shall immediately be marked "cancelled" in bold
characters.
(2) For the purposes of this Rule a ballot paper shall be spoilt and void if
when recording his vote a voter
(a)adds to the ballot paper any such writing or symbol as would enable him to
be identified; or
(b)marks his ballot paper in such a manner as to render his intention
uncertain; or
(c)damages his ballot paper in such manner that it cannot conveniently be used
as a ballot paper.
41. Blind and other assisted voters.(1) This Rule shall have effect as
respects any voter who states to a presiding officer that by reason of total
or partial blindness, defective vision or illiteracy he is unable to read or
that for one of those reasons or by reason of any other physical disability,
or of any religious belief, he is unable without assistance or unwilling to
record his vote in accordance with these Rules.
(2) The presiding officer shall
(a)verify the entry in the register;
(b)record in a list of assisted voters (in these Rules referred to as the
"assisted voters list") the name and particulars of the voter;
(c)comply with Rule 39(1)(i) to (v);
(d)deliver a ballot paper to the voter;
(e)in the presence of the polling agents, mark the ballot paper as instructed
by the voter, taking such steps as the presiding officer thinks necessary to
ensure the secrecy of the ballot; and
(f)deposit the ballot paper in the ballot box.
(3) A person accompanying a voter who by reason of total or partial blindness
or other physical disability requires guidance or assistance may be admitted
to the polling station for the purpose of giving such guidance or assistance.
(4) If a voter who is totally or partially blind so requests and the person
accompanying him makes a declaration of secrecy, but not otherwise, that
person may remain with the voter while the presiding officer records his vote
under paragraph (2).
(5) The declaration of secrecy to be made under paragraph (4) shall be made in
the presence of, and given to, the presiding officer who shall thereupon
attest it.
(6) The declaration and form of attestation shall be as follows:
I, <,
I, the undersigned, being the presiding officer for ballot box in the polling
station situate at , hereby certify that the above declaration, having been
first read to the above-named declarant, was signed by him in my presence.
42. Voting by constables and other persons on duty.(1) Where a constable is
likely by reason of discharging his duty to be prevented from voting at an
election at his allotted polling station
(a)the constable may, within the period of seven days before the day on which
the poll is to be taken, apply to an officer of the Royal Ulster Constabulary
not below the rank of chief inspector for a certificate to that effect; and
(b)the officer shall in the form numbered L.E. 16 in the Appendix certify
under his hand
(i)the full name and number of the constable;
(ii)the number and description of the constable appearing in the register; and
<(iii)the fact that the constable is likely to be so prevented as aforesaid.
(2) Where an elector is employed by the deputy returning officer for any
purpose connected with an election at which that elector is entitled to vote,
and the circumstances of his employment are such as to prevent that elector
from voting at his allotted polling station, the deputy returning officer may,
and at the request of the elector shall, so certify in the form numbered L.E.
17 in the Appendix.
(3) Where a constable or other elector presents a certificate issued
respectively under paragraph (1) or (2) above at any polling station for the
same district electoral area as his allotted polling station the presiding
officer to whom it is presented shall permit him to vote and shall forthwith
cancel the certificate and retain it for disposal at the close of the poll in
accordance with Rule 46(5).
(4) This Rule shall not apply to a voter when acting as proxy.
43. Questions to be put to voters.(1) A presiding officer may, and if required
by a candidate or his election agent or polling agent present in the station
shall, put to any person applying for a ballot paper at the time of his
application, but not afterwards, such one or more than one of the following
questions as may be appropriate, that is to say
(a)to a person applying as an elector
(i)"Are you the person registered in the register of electors for this
district electoral area as follows ...?" (The whole entry from the register is
to be read aloud by the presiding officer);
(ii)"Have you already voted on your own behalf either here or elsewhere in
this or any other district electoral area at this election?";
(b)to a person applying at the election as proxy
(i)"Are you the person whose name appears as AB [in this proxy paper] [or
where the proxy is permitted to vote without producing a proxy paper on the
list of proxies for this election] as entitled to vote as proxy on behalf of
CD?";
(ii)"Have you already voted as proxy on behalf of CD either here or elsewhere
in this or any other district electoral area at this election?".
(2) Where a person is required to answer any of the foregoing questions a
ballot paper shall not be delivered to him unless he has satisfactorily
answered such question or questions.
(3) Save as authorised by this Rule, no inquiry shall be made as to the right
of any person to vote.
44. Tendered ballot papers.(1) Where
(a)a ballot paper has been issued to a person representing himself to be a
particular elector or proxy; and
(b)another person representing himself to be that elector or proxy
(i)applies for a ballot paper; and
(ii)satisfactorily answers any questions put to him under Rule 43;
(2) The name of the elector and his number in the register shall be entered on
a list (to be known as the "tendered votes list") in the form numbered L.E. 18
in the Appendix.
45. Challenge of voter for personation.(1) If at the time a person applies for
a ballot paper for the purpose of voting either in person or as proxy, or
after he has applied for a ballot paper for such purpose and before he has
left the polling station, a polling agent orally declares to the presiding
officer to whom the application was made, that he has reasonable cause to
believe that the applicant has committed an offence of personation, and
undertakes to substantiate the charge in a court of law, the presiding officer
shall order a constable to arrest the applicant, and the order of the
presiding officer shall be sufficient authority for the constable so to do.
(2) Where a person in respect of whom a declaration is made under paragraph
(1) satisfactorily answers any appropriate question put to him under Rule 43,
that paragraph shall not be construed as authorising a presiding officer to
prevent that person from voting or to reject his vote; but in such event the
presiding officer shall cause the words "Protested against for personation" to
be entered against the name of that person in the marked copy of the register
or, as the case may be, the list of proxies, used at the polling station.
(3) Where a person is arrested under paragraph (1), the presiding officer
(a)before that person is removed from the polling station; and
(b)if that person has voted, before any such entry is made as is required by
paragraph (2);
(4) A person arrested under paragraph (1) shall be dealt with as a person
taken into custody by a constable for an offence without a warrant but a
preliminary investigation of the charge shall not be conducted by a justice of
the peace who is not a resident magistrate.
46. Procedure on the close of the poll.(1) At the time fixed for the close of
the poll, the presiding officer shall take steps to ensure that no further
voters are admitted to a room within a polling station containing a ballot box
but any voter who is in such a room at that time shall, subject to the
provisions of these Rules, be entitled to receive a ballot paper and to vote.
(2) The presiding officer or, in a multiple station, the senior presiding
officer shall as soon as may be after the time aforesaid and after the voters
referred to in paragraph (1) have had an opportunity of voting cause the
polling station to be cleared of all persons other than
(a)the deputy returning officer and any assistants of his;
(b)any messengers sent by or on behalf of the returning officer or deputy
returning officer;
(c)the presiding officers and poll clerks for the ballot boxes in the station
and any other polling station assistants appointed by the deputy returning
officer;
(d)the candidates and their election agents and polling agents;
(e)constables and members of Her Majesty's forces on duty;
(f)a person admitted to the polling station under Rule 35(1)(g);
(3) As soon as the polling station is closed, each presiding officer shall
seal the ballot box in his charge so that no further ballot papers can be
inserted therein and any polling agent so requiring may also affix his seal.
(4) Each presiding officer shall complete a statement in the form numbered
L.E. 20 in the Appendix (in these Rules referred to as the "ballot paper
account") showing the number of ordinary and tendered ballot papers entrusted
to him and accounting for them all under the several heads following, that is
to say, used, unused and spoilt.
(5) Each presiding officer shall make up in separate packets (to be sealed by
him)
(a)the ballot paper account;
(b)the counterfoils of all ordinary and tendered ballot papers used, and any
certificates presented under Rule 42;
(c)the marked copy of the register, all ordinary and tendered ballot papers
unused, all spoilt ballot papers, the list of tendered votes and of proxies,
the assisted voters list, and all declarations of secrecy made under Rules 24
and 41;
(6) Where any person has been taken into custody in a polling station the
presiding officer who ordered the arrest shall complete a statement and shall
insert therein any such observations or particulars as he may consider
necessary or expedient, and shall place that statement in an envelope together
with any relevant declaration of a polling agent, and shall keep that envelope
in safe custody pending any proceedings.
(7) The presiding officer or, in a multiple station, the senior presiding
officer, after the foregoing provisions of this Rule have been complied with,
shall proceed to the place where the votes are to be counted, or such other
place as may be designated by the deputy returning officer, and shall there
deliver to the deputy returning officer or his assistant, or a messenger
appointed for the purpose by the deputy returning officer, the ballot box or
boxes together with the sealed packets and parcel appropriate to each box; and
a presiding officer or senior presiding officer may direct one or more of the
clerks or constables on duty to accompany him and assist him in the
performance of his duty under this paragraph.
(8) The deputy returning officer shall make adequate arrangements for the safe
custody of the ballot boxes and of all documents connected with the poll from
the time of their delivery to him until the beginning of the count.
47. Definitions. In this Part
"candidate's vote" means the value of voting papers credited to a candidate at
any stage of the count;
"continuing candidate" means any candidate not deemed to be elected and not
excluded;
"count" means all the operations involved in the counting of the
first preferences recorded for candidates, the transfer of the surpluses of
elected candidates, and the transfer of the votes of excluded candidates;
"deemed to be elected" means deemed to be elected for the purpose of
the counting of the votes but without prejudice to the declaration of the
result of the poll;
"determine by lot" means determine as follows: the names of the candidates
concerned having been written on similar slips of paper, and the slips having
been folded so as to prevent identification and mixed and drawn at random, the
candidate whose name is drawn shall be the candidate
(i)who is next excluded, or
(ii)whose surplus is next transferred, as the case may be;
"mark" means a figure, a word written in the English language or a mark such
as "X";
"non-transferable paper" means a ballot paper on which no second or subsequent
preference is recorded for a continuing candidate, but a paper shall be deemed
to have become a non-transferable paper whenever
(a)the names of two or more candidates (whether continuing candidates or not)
are marked with marks which, in the opinion of the deputy returning officer,
indicate the same order of preference and are next in order of preference; or
(b)the name of the candidate next in order of preference (whether a
continuing candidate or not) is marked with a mark which, in the opinion of
the deptuty returning officer, does not follow consecutively after some other
mark on the ballot paper, or with two or more marks; or
(c)it is void for uncertainty;
"preference" shall be interpreted as follows:
(a)"first preference" means the figure "1" or any mark which, in the opinion
of the deputy returning officer, clearly indicates a first preference;
(b)"next available preference" means a preference which, in the opinion of the
deputy returning officer, is a second or subsequent preference recorded in
consecutive order for a continuing candidate, the preference next in order on
the ballot paper for candidates already deemed to be elected or excluded being
ignored;
"surplus" means the number of votes by which the total number of the votes,
original and transferred, credited to any candidate, exceeds the quota;
"stage of the count" means the determination of
(a)the first preference vote for each candidate; or
(b)the transfer of a surplus of a candidate deemed to be elected; or
(c)the exclusion of one or more candidates at the same time;
"transferable paper" means a ballot paper on which, following a
first preference, a second or subsequent preference is recorded in consecutive
numerical order for a continuing candidate;
"transferred vote" in regard to any candidate, means a vote derived from a
ballot paper on which a second or subsequent preference is recorded for that
candidate.
48. Place for the counting of the votes. The deputy returning officer shall
appoint a place or places within the local government electoral area or
convenient to that area as the place or places at which he will count the
votes for each district electoral area contained in that area and shall, at
the place so appointed, provide suitable accommodation and all furniture and
equipment necessary for counting the votes in accordance with these Rules.
49. Attendance at the counting of the votes.(1) Not less than six days before
the polling day, the deputy returning officer shall give to the election agent
of each candidate notice in writing of the time and place at which he will
begin to count the votes.
(2) No person other than
(a)the returning officer, the deputy returning officer, his assistants and his
clerks;
(b)the candidates;
(c)the election agents;
(d)the counting agents;
(e)constables and members of Her Majesty's forces on duty;
(f)such other persons as the deputy returning officer may admit;
(3) The deputy returning officer shall give the election and counting agents
of the candidates all such reasonable facilities for overseeing the
proceedings at the counting of the votes (including, in particular, facilities
for satisfying themselves that the ballot papers are correctly sorted) and all
such information with respect thereto as he can give them consistently with
the orderly conduct of the proceedings and the performance of his functions.
50. Preliminary proceedings.(1) Before proceeding to the count the deputy
returning officer shall, in the presence of the several counting agents,
ascertain in accordance with the following provisions of this Rule the total
number of ballot papers to be admitted to the count:
(a)the postal ballot boxes shall be opened and the number of ballot papers
therein contained shall be counted and recorded;
(b)every ballot box other than a postal ballot box shall be opened, and
(i)the ballot papers shall be extracted;
(ii)any ballot papers found therein which bear the postal voting mark shall be
rejected;
<(iii)all tendered ballot papers shall be set aside until the completion of the count;
<(iv)the remaining ballot papers found therein shall be counted and their total number shall be compared with that shown in the ballot paper account as having been issued by the presiding officer for deposit in that ballot box.
(2) During the conduct of proceedings in accordance with paragraph (1) the
deputy returning officer may, in his discretion
(a)conduct a scrutiny of the ballot papers for the purpose of discovering any
papers liable to be rejected; and
(b)conduct a preliminary sorting of the ballot papers.
(3) If, when paragraph (1) has been complied with, the number of ballot papers
in each of the ballot boxes (other than the postal ballot boxes) is the same
as that shown in the respective ballot paper account the deputy returning
officer shall forthwith proceed to the count.
51. Special provisions.(1) If during the proceedings under Rule 50 the deputy
returning officer finds that any ballot box
(a)is missing; or
(b)has been tampered with and the contents thereof wholly or partly
abstracted, defaced or destroyed; or
(c)has from any other cause suffered such damage that its contents are wholly
or partly defaced or destroyed,
(2) If for any reason the ballot paper account for any ballot box is destroyed
or not immediately available the deputy returning officer shall, if possible,
determine the number of ballot papers that could properly have been deposited
in the box, by reference
(a)to the marked copy of the portion of the register relevant to that box; and
(b)to the number of ballot papers remaining unused out of the number supplied
to the presiding officer;
(3) If for any reason it is not possible to comply with paragraph (2) the
deputy returning officer shall forthwith, in the presence of the candidates or
their election agents, cause each ballot paper found in the box to be
examined; and if no such paper bears
(a)a serial number not borne by any of the ballot papers supplied to the
polling station; or
(b)the same serial number as that borne by another paper found in the box; or
(c)no serial number;
(4) If any such ballot papers as are referred to in paragraph (3)(a), (b) or
(c) are found in the ballot box the deputy returning officer shall declare the
poll void for the polling station at which the said box was used.
(5) If, in any ballot box brought from a single box station, the number of
ballot papers found exceeds that shown in the relevant ballot paper account or
determined under paragraph (2), the deputy returning officer shall forthwith
in the presence of the candidates or their election agents, cause each such
ballot paper to be re-examined, and any papers to be abstracted which do not
bear the official mark or which bear no serial number or a serial number not
borne by any of the ballot papers supplied to that polling station; and if
after such abstraction the number of ballot papers found in that box is equal
to or less than the number so shown or determined shall admit the papers to
the count.
(6) If, after examination and abstraction of ballot papers as referred to in
paragraph (5) the number of ballot papers in that box is still excessive and
on further examination it appears that two or more ballot papers bearing the
same serial number and marked with the official mark have been deposited in
that box the deputy returning officer shall declare the poll void for the
polling station at which the said box was used.
(7) If, in any ballot box brought from a multiple station, the number of
ballot papers found exceeds that shown in the relevant ballot paper account or
determined under paragraph (2), and the deputy returning officer, after
ascertaining the number of ballot papers found in the other box or boxes
brought from that station
(a)is satisfied that the discrepancy was so caused solely by the deposit by
voters of their ballot papers in the wrong ballot box, he shall admit to
the count the ballot papers contained in the box in question;
(b)is not satisfied that the discrepancy was caused as aforesaid, he shall
forthwith carry out the procedure provided in paragraphs (5) and (6).
(a)order another poll to be held for electors allocated to the polling station
used for the poll declared void; and
(b)give such directions for the destruction of the ballot papers and other
documents used at the void poll as he considers necessary to ensure the
secrecy of the ballot.
(10) Where, in accordance with paragraph (9), a new poll is held the
provisions of the Northern Ireland (Local Elections) Order 1977 shall apply in
like manner as they apply to the poll which was declared void provided that
the Chief Electoral Officer may for the purpose of the new poll and of
the count for the election in that district electoral area make such
modifications to these Rules and give such directions as appear to him to be
necessary or expedient.
52. Conduct of the counting of the votes.(1) The deputy returning officer
shall cause the ballot papers to be scrutinised for the purpose of discovering
any papers liable to be rejected as invalid and shall, in accordance with
these rules, ascertain and record the number of votes given to each candidate.
(2) The deputy returning officer, while counting and recording the number of
ballot papers, shall cause those papers to be kept face upwards and due
precautions to be taken to prevent any person from seeing the numbers printed
on the backs of the papers.
(3) The deputy returning officer shall, so far as practicable, proceed
continuously with the counting of the votes, allowing only time for
refreshment and excluding (except so far as he and the candidates otherwise
agree) the period between 11 p.m. and 9 a.m. on the following day.
(4) During the excluded time the deputy returning officer shall place the
ballot boxes and documents relating to the election under his seal and the
seals of such of the counting agents as desire to affix their seals and shall
take due precautions for the security of the said boxes and documents.
53. Invalid ballot papers.(1) Any ballot paper
(a)which does not bear the official mark; or
(b)on which the figure 1 standing alone is not placed so as to indicate a
first preference for some candidate; or
(c)on which the figure 1 standing alone indicating a first preference is set
opposite the name of more than one candidate; or
(d)on which anything (other than the printed number on the back) is written or
marked by which the voter can be identified; or
(e)which is void for uncertainty;
(2) The deputy returning officer shall endorse "Rejected" on any ballot paper
which under this Rule is not to be counted and if an election agent objects to
his decision shall add to the endorsement the words "rejection objected to".
(3) The deputy returning officer shall prepare a statement showing the number
of ballot papers rejected by him under each of sub-paragraphs (a), (b), (c),
(d) and (e) of paragraph (1) and shall, on request, allow any candidate or
agent of a candidate to copy such statement.
(4) The decision of the deputy returning officer on any question arising in
respect of a ballot paper shall be final but shall be subject to review on an
election petition.
54. First stage.(1) After any action necessary under the provisions of Rule 51
has been taken, the deputy returning officer shall, after rejecting any that
are invalid, arrange the ballot papers in parcels according to the
first preferences recorded for each candidate.
(2) The deputy returning officer shall then count the number of papers in each
parcel and credit each candidate with a number of votes equal to the number of
valid papers on which a first preference has been recorded for that candidate
and he shall then ascertain the number of all valid papers.
(3) The number of first preference votes for each candidate shall then be
recorded on the result sheet.
55. The quota.(1) The deputy returning officer shall then divide the number of
valid papers by a number exceeding by one the number of members to be elected.
(2) The result, increased by one, of the division under paragraph (1) (any
fraction being disregarded) shall be the number of votes sufficient to secure
the election of a candidate (in these Rules referred to as "the quota").
56. Transfer of surplus.(1) Where at the end of any stage of the count the
number of votes credited to a candidate is greater than the quota, the surplus
shall be transferred in accordance with this Rule to the continuing candidate
or candidates indicated on the ballot papers in the parcel or sub-parcel of
the candidate deemed to be elected according to the next available preferences
recorded thereon.
(2) Where the votes credited to a candidate whose surplus is to be transferred
consist of original votes only, the deputy returning officer shall examine all
the papers in the parcel of that candidate and shall arrange the
transferable papers in sub-parcels according to the next available preferences
for continuing candidates recorded thereon.
(3) Where the votes credited to a candidate whose surplus is to be transferred
consist of original and transferred votes, or of transferred votes only, the
deputy returning officer shall examine the papers contained in the sub-parcel
last received by that candidate and shall arrange the transferable papers
therein in further sub-parcels according to the next available preferences for
continuing candidates recorded thereon.
(4) In either of the cases referred to in paragraphs (2) and (3) the deputy
returning officer shall make a separate sub-parcel of the
non-transferable papers and shall ascertain the number of papers in each
sub-parcel of transferable papers and in the sub-parcel of
non-transferable papers.
(5) If
(a)at any stage of the count two or more of the candidates have surpluses, the
largest surplus shall be transferred first;
(b)the surpluses determined in respect of two or more candidates are equal,
the surplus of the candidate who had the highest recorded vote at the earliest
preceding stage at which they had unequal votes shall be transferred first;
and
(c)the votes credited to two or more candidates were equal at all stages of
the count, the deputy returning officer shall determine by lot which surplus
is to be transferred first.
(6) In transferring the surplus of any candidate deemed to be elected each
ballot paper of that candidate shall be transferred either
(a)at a calculated value equal to the total of the surplus divided by the
number of transferable papers, the calculation being made to two decimal
places (ignoring the remainder, if any); or
(b)at the value at which such a paper had been received by the candidate from
whom it is being transferred;
(7) All papers transferred in accordance with the provisions of paragraph (6)
shall be clearly marked with the transfer value accorded to each paper either
singly or as a sub-parcel of such transferred papers.
(8) The deputy returning officer, in carrying out such a transfer of a
surplus, shall at each such stage enter on the election result sheet the value
of the papers transferred to each continuing candidate.
(9) In carrying out a transfer under paragraph (6), the deputy returning
officer shall add the value of transferred papers to the previous vote
recorded in each case and then determine and record on the result sheet the
new total vote received by each candidate at that stage of the count.
(10) The deputy returning officer shall also
(a)enter on the result sheet as non-transferable votes the difference between
the surplus and the total value of the transferred papers; and
(b)add that difference to the recorded total of the previous non-transferable
vote.
(11) At each stage of the count when a transfer of a surplus has been effected
the deputy returning officer shall reconcile from his result sheet the total
of votes at that stage credited to all candidates, together with the total
non-transferable vote, with the already determined total valid vote.
(12) When at any stage the transfer of a surplus has been effected and the
procedures required by paragraphs (8) to (11) have been completed, the deputy
returning officer shall deem to be elected any candidate whose total vote, at
that stage, then equals or is in excess of the declared quota.
(13) The transfer of a surplus constitutes a further stage in the count.
(14) The deputy returning officer shall, subject to paragraph (15), proceed to
transfer surpluses until no surplus remains to be transferred.
(15) A surplus shall not be subject to transfer where that surplus, together
with any other surpluses at that particular stage of the count not already
transferred, is
(a)less than the difference between the total vote then credited to the
continuing candidate with the lowest recorded vote and the vote of the
candidate with the next lowest recorded vote; or
(b)less than the difference between the total votes of the two or more
continuing candidates, credited at that stage of the count with the lowest
recorded total numbers of votes and the candidate next above such candidates.
57. Exclusion of candidate.(1) If, after completion of the transfer of
surpluses in accordance with Rule 56, one or more vacancies remain to be
filled, the deputy returning officer shall exclude from the election at that
stage of the count the candidate then credited with the lowest vote.
(2) Where a candidate is excluded in accordance with paragraph (1), the deputy
returning officer shall then arrange the papers attributed at that stage to
that candidate in sub-parcels according to their transfer value.
(3) The deputy returning officer shall then examine the sub-parcel of papers
with the highest transfer value and transfer the papers in it, examine the
sub-parcel with the next highest transfer value and transfer those papers and
so deal with each sub-parcel.
(4) The papers in each sub-parcel shall be sorted and transferred at the value
at which they were received in accordance with the next available preference
expressed on the papers for the continuing candidates, passing over
preferences for candidates who at such a stage have either been
deemed to be elected or have been excluded.
(5) Any papers on which no next available preferences have been expressed
shall be then set aside as non-transferable papers.
(6) After the transfer of papers of any one transfer value the deputy
returning officer shall deem to be elected any candidate whose total vote
equals or is in excess of the quota.
(7) When the procedures required by paragraphs (1) to (5) have been completed
and all sub-parcels of papers of an excluded candidate have been transferred,
the deputy returning officer shall record on the result sheet the total value
of the papers transferred to each continuing candidate, adding such totals to
the candidate's previously recorded total vote in each case, thus determining
the new total vote for each continuing candidate at that stage.
(8) The deputy returning officer shall then record on the result sheet the
value of the non-transferable papers and add such total to the previous
non-transferable papers total.
(9) The total number of votes at that stage of the count credited to all
candidates, together with the total of the non-transferable vote, shall be
reconciled with the total valid vote.
(10) Where the total of the votes of the two or more lowest candidates,
together with any surpluses not transferred, is less than the number of votes
credited to the next lowest candidate, the deputy returning officer shall in
one operation exclude such two or more candidates.
(11) If, when a candidate has to be excluded under this Rule, two or more
candidates have each the same number of votes and are lowest
(a)regard shall be had to the total numbers of votes credited to those
candidates at the earliest stage of the count at which they had an unequal
number of votes and the candidate with the lowest number of votes at that
stage shall be excluded; and
(b)where the numbers of votes credited to those candidates were equal at all
stages, the deputy returning officer shall determine by lot which candidate
shall be excluded.
(12) The exclusion of a candidate, or two or more candidates together,
constitutes a further stage in the count.
58. Transfer of votes.(1) Where the transfer of votes is made under Rule 56 or
57 each sub-parcel of papers transferred (marked as to the transfer value)
shall be placed on top of the parcel, if any, of papers of the candidate to
whom the transfer is made and that candidate shall be credited with a total
number of votes equal to the transferred value of the papers transferred to
him.
(2) If, after any transfer of votes, a candidate has a surplus that surplus
shall be dealt with in accordance with and subject to Rule 56 before any other
candidate is excluded.
59. Filling of last vacancies.(1) Where the number of continuing candidates is
equal to the number of vacancies remaining unfilled the continuing candidates
shall thereupon be deemed to be elected.
(2) Where only one vacancy remains unfilled and the votes of some one
continuing candidate are equal to or greater than the total of votes credited
to another or other continuing candidates together with any surplus not
transferred, that candidate shall thereupon be deemed to be elected.
(3) Where the last vacancies can be filled under this Rule, no further
transfer of votes shall be made.
60. Recount.(1) The deputy returning officer on completion of each
stage of the count shall, before proceeding with the next stage involved,
inform all the candidates and their election agents then present of his
intention, subject to a request for a recount, to proceed to the next stage.
(2) Before the deputy returning officer so proceeds, any candidate or his
election agent may request that a recount be undertaken of the immediate
preceding stage.
(3) If a request is made under paragraph (2), the deputy returning officer
shall then proceed to carry out the recount of the immediate preceding stage,
but, if no such request is made, he shall proceed with the next subsequent
stage of the count.
(4) The deputy returning officer may also, if he thinks fit, recount papers
either once or more often if he is not satisfied as to the accuracy of any
stage.
(5) Nothing in this Rule shall require the deputy returning officer to recount
the same parcel or sub-parcel more than once.
(6) Where as a result of a recount an error is discovered, the deputy
returning officer shall, where necessary, amend any results previously
announced by him.
61. Order of election of candidates.(1) The order in which candidates credited
with a number of votes equal to or greater than the quota shall be
deemed to be elected shall be the order in which their respective surpluses
were transferred, or would have been transferred but for Rule 56(15).
(2) A candidate credited with a number of votes equal to and not greater than
the quota shall, for the purpose of this Rule, be regarded as having had the
smallest surplus at the count at which he obtained the quota.
(3) Where the surpluses of two or more candidates are equal and need not be
transferred, regard shall be had to the total number of votes credited to such
candidates at the earliest stage of the count at which they had an unequal
number of votes and the surplus of the candidate credited with the greatest
number of votes at that stage shall be deemed to be the largest.
(4) Where the numbers of votes credited to two or more candidates were equal
at all counts, the deputy returning officer shall determine by lot the order
in which such candidates shall be deemed to have been elected.
62. Declaration of the result of the poll. On the completion of the counting
of the votes the deputy returning officer shall declare the result of the poll
and the candidates deemed to be elected shall thereupon stand elected in the
order ascertained in accordance with Rule 61.
63. Decisions of the deputy returning officer. The decision of the deputy
returning officer, whether expressed or implied by his acts, on any question
which arises in relation to the exclusion of any candidate under Rule 57 or to
any ballot paper or transfer of votes shall be final, but may be reviewed on
an election petition.
64. Return of persons elected.(1) The deputy returning officer for each
district electoral area shall give public notice of the names of the
candidates elected and also, in the case of a contested election, of the total
number of votes for each candidate, whether elected or not, of any transfer of
votes, of the total number of votes credited to each candidate at the end of
each stage of the count at which such transfer took place, and the order in
which the candidates were elected.
(2) The deputy returning officer shall send a copy of the said notice,
together with any other information which may be required, to the
Chief Electoral Officer.
(3) The notice under paragraph (1) relating to a contested election shall be
in the form numbered L.E. 30 in the Appendix.
65. Disposal of documents, etc., by deputy returning officer.(1) On the
completion of the count, the deputy returning officer shall place in separate
sealed packets
(a)the counted ballot papers;
(b)the rejected ballot papers;
(c)the counterfoils of all ordinary ballot papers used, with any certificates
presented under Rule 42;
(d)the tendered ballot papers used and their counterfoils,
(2) The deputy returning officer shall also place in a parcel
(a)the marked copy of the register used at each polling station;
(b)the ballot paper accounts;
(c)the lists of tendered votes;
(d)the assisted voters lists;
(e)the record of the number of votes given for each candidate and the
statement of the number of rejected ballot papers;
(f)all declarations of secrecy;
(g)the list of proxies; and
(h)the candidates' nomination papers (whether valid or not),
(3) The deputy returning officer shall retain for six months all such
documents as are referred to in paragraphs (1) and (2) and thereafter shall,
unless otherwise directed by an order of a court or tribunal having cognizance
of any question relating to the election, cause the documents to be destroyed,
maintaining until the destruction is complete, due regard to the secrecy of
the ballot.
66. Orders for production of documents.(1) No person shall be permitted
(a)to inspect any rejected ballot papers;
(b)to open any sealed packet of counterfoils and certificates presented under
Rule 65;
(c)to inspect any counted or uncounted or tendered ballot papers;
(2) An order shall not be made unless the court is satisfied by evidence on
oath that the order is required for the purpose of instituting or maintaining
a prosecution for an offence in relation to ballot papers or for the purpose
of election petition.
(3) An order may be made subject to such conditions as to persons, time, place
and mode of inspection, production or opening as the court may think
expedient, but in making and carrying into effect an order for the opening of
a packet of counterfoils and certificates or for the inspection of counted or
uncounted or tendered ballot papers, care shall be taken that the way in which
the vote of any particular elector has been given shall not be disclosed until
it has been proved that his vote was given and that the vote has been declared
by a competent court to be invalid.
(4) An appeal shall lie to the High Court from any order of a county court
made under this Rule.
(5) Where an order is made for the production by the Chief Electoral Officer
or a deputy returning officer of any document in their possession relating to
any specified election the production in compliance with the order by them or
their agent of that document shall be conclusive evidence that the document
relates to the specified election; and any endorsement on any packet of ballot
papers so produced shall be prima facie evidence that the ballot papers are
what they are stated to be by the endorsement.
(6) The production from proper custody of a ballot paper purporting to have
been used at any election, and of a counterfoil marked with the same printed
number and having a number marked thereon in writing, shall be prima facie
evidence that the elector whose vote was given by that ballot paper was the
person with whose name in the register at the time of the election there was
associated the same number as that written on the counterfoil.
(7) All documents in the unsealed parcel in the custody of the deputy
returning officer shall be open to public inspection during the ordinary
office hours, on payment of a fee of 50 new pence; and the deputy returning
officer shall on demand made and payment of a fee of 10 new pence for every
seventy-two words by any person supply to that person a copy of or extract
from any such document.
Notice of election.
Nomination form.
Notice to candidate as to validity or invalidity of nomination.
Statement of persons standing validly nominated.
Notice to candidate where no poll is to be taken.
Form of ballot paper.
Polling information card.
Notice of poll.
Local proxy list.
Assisted voters list.
Certificate of employment as constable.
Certificate of employment as deputy returning officer.
Tendered votes list.
Declaration to be made by the polling agent.
Ballot paper account.
Presiding Officer's envelope No. 1.
Presiding Officer's envelope No. 2.
Presiding Officer's envelope No. 3.
Statement of persons taken into custody.
Statementnumber of ballot papers issued and found in each ballot box.
Declaration by voter of inability to read.
Statutory declaration of secrecy.
Paragraph 27 of Ninth Schedule to the Electoral Law Act (Northern Ireland)
1962.
Form of declaration and attestation made by companion of blind voter.
Form of declaration of result of poll.
Notice of result of elections.
Form of directions for guidance of voter in voting.
Form of application to be treated as an absent voter on grounds of physical
disability or religious observances.
Form of application to be treated as an absent voter on grounds of nature of
employment.
Form of declaration by a person voting by post.The day of election of
councillors for the district electoral areas of the district council of.will
be.2.The numbers of district councillors to be elected for each district
electoral area, comprised in the district council, are as follows:
Each candidate for election for a district electoral area must be nominated in
writing and must signify in writing his consent to his nomination. Forms of
nomination and consent may be obtained on application to my principal office
situate at.or at the subsidiary office/s of my Assistant Returning Officer/s
situate at..Such forms must be completed in all respects and delivered in
person by the candidate or his proposer or seconder to me at my principal
office together with the deposit of #15 (fifteen pounds), between 10 a.m. and
5 p.m. on nomination day, which is , the day of 19 <.
Any candidate nominated for election may, not later than 3 p.m. on , the day
of 19 <, withdraw his candidature by delivery in person by him or by his proposer or seconder at my principal office a notice in writing, signed by him, of such withdrawal.
If the number of candidates standing validly nominated for a district
electoral area, after the expiration of the time fixed for withdrawals, still
exceeds that of the number of persons to be elected a poll will be taken on <,due notice of which shall be given.
The last day for the receipt of applications to vote by post is the day of 19 <.
day of 19 <.
Every person guilty of a corrupt or illegal practice will, on conviction, be
liable to the penalties imposed by Part X of and the Ninth Schedule to the
Electoral Law Act (Northern Ireland) 1962.
Every person having a claim against the Deputy Returning Officer for any debt
incurred for the purposes of an election shall, within twenty-one days after
the day on which public notice is given of the result of the election, send to
the Deputy Returning Officer details of particulars in writing of such claim
and the Deputy Returning Officer shall not be liable in respect of anything
which is not duly stated in such particulars. DAY OF 19 <.BWE, the undersigned being electors of the said district electoral area, DO HEREBY NOMINATE the under-mentioned person as a candidate at the said election:
Number in Register of 19 <, together witha deposit of #15.
1. The surname of only one candidate for election must be inserted in column
1. The candidate's number, if any in the register of electors must be inserted
in the space provided at the bottom of columns 1 and 2.
2. The other names of the candidate must be inserted in full in column 2.
3. Insert in column 3 the place of residence of the candidate.
4. In column 4 the description of the candidate must not exceed six words and
need not refer to the rank, profession or calling so long as with the other
particulars of the candidate it is sufficient to identify him.
If a candidate is eligible for nomination only on the qualification that his
principal or only place of work during the twelve months immediately preceding
the day on which he is nominated as a candidate has been in the district of
the council for which he is being nominated, then he should ensure that full
details of his profession, the name and address of the premises at which he
works and on which his qualification is based are entered in column 5.
5. No person is eligible for nomination as a candidate for election to any
local government electoral area unless he possesses the qualifications in that
regard required by law, that is to say:
6.(1) The paper must be signed by two local electors of the district electoral
area for which a person is being nominated as a candidate, and no moreby one
as proposer and by the other as seconder. The places of residence of the
proposer and seconder, and their numbers in the register, must also be
inserted.
Instead of signing, the proposer or seconder may affix his mark, if it is
witnessed by one person who shall append his signature and address.
(2) A local elector must not sign more nomination papers for the district
electoral area than there are vacancies to be filled, and he must not sign a
nomination paper for such district electoral area unless he is registered as a
local elector in respect of a qualification therein.
7. Each candidate for election must deposit, or cause to be deposited, with
the deputy returning officer at his principal office for the purpose of
election not later than the latest time for the delivery of nomination papers
on the nomination day, the sum of #15 (fifteen pounds) by way of election
deposit as specified by section 60(3)(b) of the Electoral Law Act (Northern
Ireland) 1962 as amended.
8. The nomination is not complete and valid unless it includes the consent of,
or on behalf of the candidate to nomination. The appropriate form of consent
embodied in the nomination paper must, therefore, be completed in every
case.Rules 14, 16, 18
Rule 16
Rule 19
No..Elector's
Registration
No..District of.District
Electoral
Area..The counterfoil
The ballot paper shall be printed on paper of the colour required by paragraph
(34) of Rule 19.
Nothing is to be printed on the ballot paper except in accordance with these
directions.
The following arrangements shall be observed in the printing of the ballot
paper
(a)apart from the particulars as to the district electoral area to which the
ballot paper relates and the instructions to "Mark order of preference in
space below" no other word shall be printed on the face except the particulars
of the candidates;
(b)no rule shall be printed on the face except the horizontal rules separating
the particulars of the candidate from one another and the vertical rule
separating those particulars from the spaces on the left side of the paper
where the vote is to be marked;
(c)the whole space between the particulars of the district electoral area and
the bottom of the paper shall be equally divided between the candidates by the
rules separating their particulars.
(a)The ballot paper shall contain the names, addresses, occupations and
descriptions, if any, of the candidates standing nominated, as shown in their
respective nomination papers, determined as being valid. The names shall be
arranged alphabetically in the order of surnames, or if there are two or more
candidates bearing the same surname, in alphabetical order of their other
names, or if their other names are the same, in the alphabetical order of
their occupations;
(b)the surname of each candidate and the name of his political party, group,
organization or other body, or if the candidate has described himself as
"Independent" or "Non Party", those words, shall be printed in large
characters and his full name, address and profession, if any, as appearing in
his nomination paper, shall be printed in small characters;
(c)where the surnames of two or more candidates are the same there shall also
be printed in large characters the other names of such candidates and so much
of the descriptions of such candidates as appearing in their respective
nomination papers, as will, in the opinion of the deputy returning officer,
distinguish such candidates;
(d)the list of candidates shall be arranged either in one continuous column or
in two or more columns in such manner (without departing from the alphabetical
order) as, in the opinion of the deputy returning officer, is best for marking
and counting;
(e)the ballot papers shall be numbered consecutively on the back and the front
of the counterfoil attached to each ballot paper shall bear the same number.
The numbers on the ballot papers shall be printed in the smallest characters
compatible with legibility and shall be printed on or about the centre of the
paper.
The ballot papers shall be printed and made up in book form which
(a)for ordinary ballot papers shall each contain, at the discretion of the
deputy returning officer, either fifty or one hundred papers of the same
colour;
(b)for the tendered ballot papers shall each contain twenty-five papers of the
same colour;
(c)shall be so bound that at the close of the poll the counterfoils of the
issued papers can be detached from those of the unused papers.This Poll Card
does not authorise any person to vote who is prohibited from voting, nor does
it establish the identity of the person in whose possession it may be.
Unless you have been granted a postal vote keep this card carefully for
reference on polling day; it will assist you in claiming your ballot paper at
your polling station.
Mark your vote on the ballot paper by placing in the space provided at the
left-hand side of the paper the figure 1 opposite the name of the candidate
for whom you wish to vote and, if you wish, the figure 2 opposite the name of
the candidate of your second choice and so on in the order of your
preference.That a poll for the election of.councillors for theabove-mentioned
District Electoral Area will be held on the.dayof.19.... between 8 a.m. and 8
p.m.
That the particulars of the candidates standing validly nominated are as shown
below:
That the poll will be taken by ballot in accordance with the principle of
proportional representation, each elector having one transferable vote.
That special arrangements will on request be made by the presiding officer to
mark the ballot paper of any person prevented from doing so personally by
reason of total or partial blindness, defective vision, or illiteracy, or any
other physical disability or of any religious belief.
Rules 32, 33
Rule 42
Rule 44
. Polling Station.Ballot Box No..Date of Poll.
<.
Rule 45
. Polling Station.>Ballot Box No..Date of Poll.
Ballot Box Number.Date of Poll.BALLOT PAPER ACCOUNTORDINARY BALLOT PAPERS
From
To
Colour
From
To
Ballot Box Number.THE BALLOT PAPER ACCOUNTB Date.
Ballot Box Number.
Ballot Box Number.
Ballot Box Number.Date of Poll.
I hereby certify that I have examined the ballot paper account furnished by
the presiding officer in respect of each of the ballot boxes in the polling
stations as shown above and have compared the number of papers issued with the
number of papers found in the respective ballot boxes and that the result of
this examination and comparison is as shown hereon.
Ballot Box Number.
Ballot Box Number.
Rule 24
Rule 41
day of 19 <, do hereby give notice that the result of the poll and of the transfer of votes is as follows:
day of 19 <.
Transferof Result Transferof Result Transferof Result Transferof Result
Transferof Result
day of 19 <.
Go FIRST to the presiding officer in charge of the ballot-box to which you
have been allotted and give him your name, address and, if possible, your
number on the Register of Electors. You will then be handed a ballot paper.
You should make sure that the ballot paper you have received from the
presiding officer has the official mark stamped on it. It is useless without
it.
Go into one of the voting compartments provided. Look at the ballot paper
carefully and then record your vote by placing, in the spaces provided at the
left-hand side of the paper, the numeral 1 opposite the name of the candidate
of your first choice and then proceed if you wish by placing the numeral 2
opposite the name of the candidate of your second choice; and the numeral 3
opposite the name of the candidate of your third choice and so on. You may
indicate by figures as many or as few preferences as you wish.
In no circumstances write anything else on the ballot paper; if you do you
destroy your vote.
To ensure that a ballot paper is a valid vote you must, at least, place the
numeral 1 opposite the name of the candidate of your first choice. If you fail
to place the numeral 1 on the ballot paper, or place the numeral 1 and some
other numeral opposite the name of the same candidate, or place any mark or
writing on the ballot paper by which you may be identified, your ballot paper
will be invalid and your vote will not be counted.
If by accident you damage or spoil your paper or if you mark it in such a way
that it may be rejected as spoilt, or if you place a wrong mark on it or mark
it inadvertently in a wrong space, then take the paper back to the presiding
officer, tell him what has happened and ask him for a fresh ballot paper.
When you have marked your paper fold it so that the front of the paper is
inwards, hiding your voting recorded on the paper, and take it back to the
table of the presiding officer from whom you got it.
You must neither take your ballot paper out of the polling station nor put any
other paper into a ballot-box. If you do you will commit a serious offence and
will be liable to heavy penalties.
When you have voted leave the polling station at once.
This form completed and certified must be received by the DeputyReturning
Officer not later than.
<(a)by reason of blindness or other physical disability (see Note 2)
<(b)my being bound by the following religious observances (see Note 3)
Date.Address in the United Kingdom (in block letters) to which the ballot
paper is to be sent (if different from address given above)
I, a registered medical practitioner, certify that the statement at 2(a) above
is correct.
I declare to the best of my knowledge and belief that the statement at 2(a)
above is correct.
I certify that the statement at 2(b) above is correct.
1. A person may not vote as a proxy unless he is duly qualified as a proxy in
accordance with the provisions of the Seventh Schedule to the Electoral Law
Act (Northern Ireland) 1962 and his name has been entered on the proxy record
by the electoral officer.
2. Where the application is made on the grounds of blindness or other physical
disability it will be allowed by the deputy returning officer if the medical
certificate is given by a registered medical practitioner or if the
declaration is made by a Christian Science practitioner. It may be allowed if
the declaration is made by anyone else.
3. Where the application is made on the grounds of religious observances the
application must state the nature and times of the religious observances. The
certificate must be completed by a minister of your religious denomination.
This form completed must be received by the Deputy Returning Officernot later
than. <1.proxy unless he is duly qualified as a proxy in
accordance with the provisions of the Seventh Schedule to the Electoral Law
Act (Northern Ireland) 1962 and his name has been entered on the proxy record
by the electoral officer.
2. Where 2(a) applies the applicant should give full reasons for his
application.
3. Where 2(b) applies the applicant should give the name of the reserve or
auxiliary force concerned and full reasons for the application.
I declare that I am the person to whom the envelope which I have produced and
shown to the witness whose attestation appears below was addressed by the
returning officer.
I have given my vote on the ballot paper in the sealed envelope enclosed
herewith, which contains nothing but the said ballot paper. I have shown the
said sealed envelope to the witness.
I declare that I have given no other vote on my own behalf at this election in
this or any other district electoral area.
I certify that this declaration was signed in my presence by the elector who
has permitted me to examine the particulars on the envelope received by him
and has shown me the sealed envelope stated in his declaration to contain the
ballot paper.
I further declare that the said elector is personally known to me and to the
best of my knowledge and belief is the person described by the particulars on
the envelope received by him.
1. You should place the figure 1 opposite the name of the candidate for whom
you wish to vote and in addition you may, if you wish, place the figure 2
opposite the name of the candidate of your second choice, the figure 3
opposite the name of the candidate of your third choice and so on in the order
of your preference. You may indicate by figures as many or as few preferences
as you wish.
2. The figure or figures should be placed in the spaces provided at the
left-hand side of the paper opposite the name of the candidate for whom you
intend it.
3. In no circumstances write anything else on the paper; if you do you may
destroy your vote.
4. Immediately after voting you must place the marked ballot paper in the
enclosed small envelope on which are printed the words "Ballot paper envelope"
and fasten it up.
5. Then take the envelope addressed to you by the deputy returning officer
together with the sealed ballot paper envelope and the voter's declaration to
the witness and sign the declaration in his presence. He should then attest
your signature on the declaration.
6. Enclose the signed and witnessed declaration and the sealed
ballot paper envelope in the larger enclosed envelope addressed to the deputy
returning officer and despatch the same by post without delay. Unless you
return the ballot paper at once it may be received by the deputy returning
officer too late to be counted.
7. If you receive more than one ballot paper it must be remembered that you
can vote only once on your own behalf at this election.
8. If you lose or destroy the stamped addressed envelope provided for the
return of your vote you may use another envelope but any such envelope should
be addressed and marked as nearly as possible in the same way as the printed
envelope provided.
9. In no circumstances should you share your return envelope with another
voter nor share his. If more than one voter's declaration or more than one
ballot paper are received together in one covering envelope, the whole
contents of the envelope will be disregarded by the deputy returning officer
and your vote will be lost.
10. If you inadvertently spoil your postal ballot paper, you can apply to the
deputy returning officer for another one. With your application you must
return (in a fresh envelope) the spoilt ballot paper, the declaration of
identity and the two envelopes sent to you with your ballot paper. Remember
that there is little time available if a fresh postal ballot paper is to be
issued to you for completion and return before the close of the poll.]
Sixth Schedule rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I
[Title rep. by 1968 c.20 (NI) s.8 sch.4 Pt.Ixtlf40f1f3f1lf4001shall nominate a
person to act as proxy, or may, if he so desires, nominate one person as his
first choice and another as his second choice to act as proxy;
(b)may if he so desires designate a person (who may be a person nominated as
aforesaid) authorised by the applicant to furnish to the electoral officer
such information as that officer may require for the purpose of determining
the application;
(2) A person shall not be appointed or vote as a proxy
(a)unless he is a registered elector ...;
(b)if he is (whether by virtue of this Act or otherwise) under any
legal incapacity to vote;
(c)for more than two electors in any constituency [or
local government electoral area] of whom he is neither the spouse, parent,
grandparent, brother, sister, child or grandchild.
[(2A) A person, if otherwise qualified, shall be capable of voting as proxy at
an election at which he is of voting age on the date of the poll, and of being
appointed proxy for that purpose before he is of voting age.]
(3) The electoral officer on receiving a proxy application shall, unless he is
satisfied that the person nominated or nominated as first choice as aforesaid
cannot lawfully be appointed, send to such person a notice (in this Schedule
referred to as a"notice of appointment") in the prescribed form to the effect
that it is proposed to appoint him proxy for the applicant and that, unless
within seven days he notifies the electoral officer in writing that he is not
willing, or not qualified, to be so appointed, the proxy application will be
treated as having so appointed him.
(4) If, on the expiration of the said seven days, the electoral officer has
received no such notice in writing, or if before such expiration the electoral
officer is satisfied that the person nominated is willing and qualified to be
appointed, he shall transmit to the person nominated a proxy paper in the
prescribed form.
(5) If the electoral officer is satisfied (whether by notice in writing as
aforesaid, or otherwise) that the person nominated as first choice is not
willing or not qualified to act as proxy, that officer shall proceed in like
manner as respects any person nominated as second choice.
(6) If a notice of appointment is accepted and a proxy paper is issued to any
person the electoral officer shall forthwith notify to the applicant
(a)the name and address of the proxy; and
(b)the period during which the proxy paper will remain in force.
(7) Where no person nominated as aforesaid is willing and qualified to act as
proxy, the electoral officer shall notify the applicant to that effect and
shall inform him that he may make a further proxy application; and thereupon
unless such further application is made the electoral officer shall take no
further steps in relation to the applicant.
(8) The appointment (whether under this Part or under Rule 24 of the
Registration Rules) of a proxy for a service elector registered in any
register shall notwithstanding any provision of this Part continue in force
(a)so long as the elector is a service elector; or
(b)until the death or incapacity of the proxy or the cancellation of his
appointment.
(9) The appointment of a proxy by an elector other than a service elector
shall continue in force for such period not exceeding six months as shall be
specified in the proxy application.
(10) An elector may not appoint more than one person as proxy in any one
constituency and may not in any case appoint more than two proxies.
(11) An elector who has appointed a proxy may cancel the appointment by giving
written notice of cancellation to the electoral officer.
(12) Where the appointment of a proxy is cancelled the electoral officer shall
notify the proxy and shall delete his name from the record of proxies.
(13) Where the appointment of a proxy is cancelled or a proxy dies another
proxy may be appointed in accordance with this paragraph.
2. Record of proxies. (1) The electoral officer shall keep in the prescribed
form a record of the proxies appointed under paragraph 1 (in this Schedule
referred to as the "proxy record"), and on receiving notice of the death of a
proxy or of the elector who appointed him, the cancellation of the appointment
of a proxy, or the appointment of a fresh proxy, shall amend the proxy record
accordingly; and the electoral officer shall delete from the proxy record the
name of any proxy when the period of his appointment expires or if the person
who appointed him ceases to be an elector.
(2) The proxy record shall set out separately the proxies of service electors;
and as soon as a service elector ceases to be qualified as a service elector
the electoral officer shall delete from the proxy record the name of the proxy
of that elector.
(3) On the initiation of a parliamentary election the electoral officer shall
prepare by reference to the proxy record the list of proxies in the prescribed
form for use at that election, and
(a)shall omit from the list the name of any proxy whose appointment will,
according to the proxy record, expire before the polling day;
(b)shall disregard
(i)any appointment of a proxy;
(ii)any cancellation of the appointment of a proxy;
(b)made or as the case may be received later than four days before the
nomination day.
(4) The list of proxies so prepared shall
(a)be treated as setting out all the proxies entitled to vote at the election;
(b)have effect for the purposes of one election only.
(5) The electoral officer shall furnish a copy of the list of proxies to the
returning officer not later than five o'clock in the afternoon of the
nomination day.
(6) The electoral officer shall permit any interested person during ordinary
office hours to examine and make copies of or extracts from any entries in the
proxy record or list of proxies, and on the application of any such person
shall supply to him copies of such record or list on payment by that person,
for the first copy, of a fee of [50p] for any number of names not exceeding
one hundred together with [25p] for every further fifty names (or part
thereof), and for any subsequent copy half of each of those amounts.
3. Voting by proxies. (1) A person shall not vote as proxy unless he is duly
qualified under paragraph 1.
(2) A proxy shall vote in person at the polling station to which the elector
for whom he is proxy is, or would have been allotted and at no other polling
station.
(3) A service elector who has appointed a proxy may vote in person at any
election if he applies for a ballot paper before the issue of a ballot paper
to his proxy; and if and so soon as he so receives a ballot paper the
appointment of his proxy shall cease to have effect as respects that election.
(4) A presiding officer shall not deliver a ballot paper to any person
applying to vote as proxy unless that person satisfies the presiding officer
(whether by production of his proxy paper or otherwise) that he is the person
whose name is entered in the list of proxies.
(5) The provisions of this Act relating to voting shall, save in so far as any
such provision is inconsistent therewith, have effect in relation to proxies
as they have effect in relation to other voters.
Part II rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I
1.(1) A parliamentary election court shall, subject to the provisions of
this Act, have the same powers, jurisdiction and authority as a judge of the
High Court, and shall be a court of record.
(2) A local election court shall have the same powers, jurisdiction and
authority as a parliamentary election court.
2.(1) The place of trial
(a)of a parliamentary election petition relating to an election for a borough
constituency shall be within the county borough or borough containing all or
part of the constituency.
(b)of a parliamentary election petition relating to an election for a county
constituency shall be within [a county in which the constituency is wholly or
partly situate]
Para.(c) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I
(d)of a local election petition shall be within the area of the
local authority for which the election was held;
(2) An election court may adjourn the trial from any one place to any other
place within the county borough, borough, county or area where it is held.
3.Sub-para.(1) rep. by 1978 c.23 s.122(2) sch.7 Pt.II
(2) The travelling and other expenses of the judges and all expenses properly
incurred by the sheriff or other person in receiving the judges and providing
them with necessary accommodation and with a proper court shall be defrayed by
the Ministry out of moneys provided by [the Parliament of the United Kingdom].
Sub-para.(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II
4.(1) The clerk of the local authority for which the election was held shall
provide proper accommodation for holding the local election court and any
expenses incurred by him for the purposes of this paragraph shall be paid by
that authority.
(2) All officers and persons having functions in relation to a
parliamentary election court shall in so far as the circumstances admit
perform the like functions in relation to a local election court.
(3) A local election court may employ such officers and clerks as may be
prescribed.
5.(1) A shorthand writer shall attend the trial of an election petition and
shall be sworn faithfully and truly to take down at length the evidence given
at the trial and from time to time as occasion requires to transcribe that
evidence or cause it to be transcribed.
(2) The shorthand writer shall take down the evidence and from time to time
transcribe it or cause it to be transcribed.
(3) In the case of a parliamentary election petition
(a)the shorthand writer shall be a shorthand writer appointed by the Clerk of
the Parliaments and shall be sworn by one of the judges of the election court;
(b)a copy of the evidence shall accompany the certificate given by the
election court to the Speaker;
(c)the expenses of the shorthand writer shall be deemed to be part of the
expenses incurred in providing the court.
(4) In the case of a local election petition
(a)the shorthand writer shall be sworn by the election court;
(b)a copy of the evidence shall, if the election court so directs, accompany
the certificate of that court.
6.(1) The remuneration and allowances to be paid to the barrister constituting
a local election court and to any officers, clerks or shorthand writers
employed under this Schedule in relation to the trial shall be in accordance
with a scale fixed by rules of court.
The remuneration and allowances shall be paid in the first instance by the
Ministry of Finance and shall be repaid to that Ministry on its certificate by
the authority for which the election was held ....
(2) A local election court may, in its discretion, order that the said
remuneration and allowances or the expenses incurred by the ... clerk of the
local authority for providing the election court shall be repaid, wholly or in
part, to the Ministry of Finance or the ... clerk of the authority, as the
case may be, in the cases, by the persons following (namely)
(a)where, in the opinion of the election court, the petition is frivolous and
vexatious, by the petitioner;
(b)where, in the opinion of the election court, the respondent has been
personally guilty of corrupt practices at the election, by that respondent.
(3) The order so made for the repayment of any sum by a petitioner or
respondent may be enforced as an order for payment of costs, but a deposit
made or a security given under this Schedule shall not be applied for any such
repayment until all costs and expenses payable by the petitioner or respondent
to any party to the petition have been satisfied.
7.(1) At the time of presenting an election petition or within three days
afterwards the petitioner shall give security for all costs which may become
payable by him to any witness summoned on his behalf or to any respondent.
(2) The security shall be
(a)in the case of a parliamentary election petition, an amount of one thousand
pounds; and
(b)in the case of a local election petition, such amount not exceeding five
hundred pounds as the High Court, or a judge thereof, on summons, directs;
(3) Within the prescribed time, not exceeding five days after the presentation
of the petition, the petitioner shall serve on the respondent a notice of the
presentation of the petition, and of the nature of the proposed security, and
a copy of the petition.
(4) Within a further prescribed time, not exceeding five days after service of
the notice, the respondent may object in writing to any recognisance on the
ground that any surety is insufficient or is dead or cannot be found or
ascertained for want of a sufficient description in the recognisance, or that
a person named in the recognisance has not duly acknowledged the recognisance.
(5) In relation to a local election petition, the periods mentioned in
sub-paragraphs (3) and (4) shall be five days and not as prescribed.
(6) An objection to a recognisance shall be decided in the prescribed manner.
(7) If the objection is allowed, the petitioner may within a further
prescribed time not exceeding five days, remove it by a deposit in the
prescribed manner of such sum of money as will, in the opinion of the court or
officer having cognisance of the matter, make the security sufficient.
(8) If no security is given as required by this paragraph or any objection is
allowed and not removed as aforesaid, no further proceedings shall be had on
the petition.
8. On the expiration of the time limited for objections, or, after objection
made, on the objection being disallowed or removed, whichever last happens,
the petition shall be at issue.
9.(1) The prescribed officer shall as soon as may be make out
(a)a list of all parliamentary election petitions;
(b)a list of all local election petitions;
(2) All petitions shall, so far as conveniently may be, be tried in the order
in which they stand in the respective lists.
(3) Two or more candidates may be made respondents to any one petition
questioning an election ... to any one local election petition and their cases
may be tried at the same time, but for the purposes of Part IX and this
Schedule such a petition shall be deemed to be a separate petition against
each respondent.
(4) Where more petitions than one are presented relating to the same election
or to local elections held at the same time for more than one ... ward in the
same local government electoral area ..., all those petitions shall be
bracketed together in the list and shall be dealt with as one petition,
standing, unless the High Court otherwise direct, in the list in the place
where the last of them would have stood if it had been the only petition
presented.
10. Applications for leave to amend petitions and other applications relating
to preliminary or incidental matters may, subject to rules of court, be made
to a judge of the High Court.
11.(1) An election petition shall be tried in open court, without a jury, and
notice of the time and place of trial shall be given in the prescribed manner,
not less than, in the case of a parliamentary election petition, fourteen days
and in any other case, seven days, before the day of the trial.
(2) The election court may in its discretion adjourn the trial from time to
time, but the trial shall, so far as is practicable consistently with the
interests of justice in respect of the trial, be continued from day to day on
every lawful day until its conclusion.
(3) The trial of a parliamentary election petition shall be proceeded with
notwithstanding the acceptance by the respondent of an office which
disqualifies him for membership of the House of Commons and notwithstanding,
prorogation of Parliament; and the trial of a local election petition shall be
proceeded with notwithstanding that the respondent has ceased to hold the
office his election to which is questioned by the petition.
(4) On the trial of a petition, unless the court otherwise directs, any charge
of a corrupt or illegal practice may be gone into, and evidence in relation
thereto received, before any proof has been given of agency on behalf of any
candidate in respect of the corrupt or illegal practice.
(5) On the trial of a petition complaining of an undue election and claiming
the seat or office for some person, the respondent may give evidence to prove
that that person was not duly elected, in the same manner as if he had
presented a petition against the election of that person.
(6) If on the trial of an election petition it appears to the court that there
is an equality of votes between any candidates at the election, and that the
addition of a vote would entitle any of those candidates to be declared
elected, then
(a)any decision under the provisions as to equality of votes in the
Parliamentary or Local Elections Rules, ..., as the case may be, shall, in so
far as it determines the question between those candidates, be effective also
for the purposes of the petition; and
(b)in so far as that question is not determined by such a decision, the court
shall decide between them by lot and proceed as if the one on whom the lot
then falls had received an additional vote.
12.(1) Witnesses shall be summoned and sworn in the same manner as nearly as
circumstances admit as in an action tried [in the High Court].
(2) On the trial a member of the election court may, by order under his hand,
require any person who appears to him to have been concerned in the election
to attend as a witness and any person refusing to obey the order shall be
guilty of contempt of court.
(3) The election court may examine any person so required to attend or who is
in court although he is not called and examined by any party to the petition.
(4) A witness may, after his examination by the court, be cross-examined by or
on behalf of the petitioner and respondent, or either of them.
(5) [The Director of Public Prosecutions for Northern Ireland] shall obey any
direction given him by the election court with respect to the summoning of any
witness to give evidence at the trial and his examination.
(6) [The Director of Public Prosecutions for Northern Ireland] shall without
any direction from the court cause any person appearing to him to be able to
give material evidence as to the subject of the trial to attend the trial and
shall, with the leave of the court, examine him (or cause him to be examined)
as a witness.
(7) Subject to sub-paragraph (9) a person called as a witness respecting an
election before any election court shall not be excused from answering any
question relating to any offence at or connected with the election, on the
ground that the answer thereto may criminate or tend to criminate [that person
or the husband or wife of that person] or on the ground of privilege:
Provided that
(a)a witness who answers truly all questions which he is required by the
election court to answer shall be entitled to receive a certificate of
indemnity under the hand of a member of the court stating that the witness has
so answered; and
(b)an answer by a person to a question put by or before any election court
shall not, except in the case of any criminal proceeding for perjury in
respect of the evidence, be in any proceeding, civil or criminal, admissible
in evidence against [that person or the husband or wife of that person].
(8) The giving or refusal to give a certificate of indemnity to a witness by
an election court trying a local election petition shall be final and
conclusive.
(9) A person who has voted at the election shall not, in any legal proceedings
to question the election or return, be required to state for whom he voted.
(10) Where a person has received a certificate of indemnity in relation to an
election, and any legal proceeding is at any time instituted against him for
any corrupt or illegal practice committed by him previously to the date of the
certificate at or in relation to the election, or any illegal payment,
employment or hiring or offence under section eighty-six or under paragraph 28
or paragraph 32 of the Ninth Schedule so committed, the court having
cognisance of the case shall on production of the certificate stay the
proceeding, and may in their discretion award to the said person such costs as
he may have been put to in the proceeding.
(11) Nothing in this paragraph shall be deemed to relieve a person receiving a
certificate of indemnity from any incapacity under this Act or from any
proceedings to enforce that incapacity (other than a criminal prosecution).
(12) The reasonable expenses incurred by any person in appearing to give
evidence at the trial of an election petition, according to the scale allowed
to witnesses on the trial of civil actions in the High Court, may be allowed
to him by a certificate of the election court or of the prescribed officer,
and if the witness was called and examined by virtue of sub-paragraph (2),
shall be deemed part of the expenses of providing a court, but otherwise shall
be deemed costs of the petition.
(1) A person shall be guilty of bribery if he, directly or indirectly, by
himself or by any other person on his behalf
(a)gives any money or procures any office to or for any voter or to or for any
other person on behalf of any voter or to or for any other person in order to
induce any voter to vote or refrain from voting; or
(b)corruptly does any such act as aforesaid on account of any voter having
voted or refrained from voting; or
(c)makes any such gift or procurement as aforesaid to or for any person in
order to induce that person to procure, or endeavour to procure, the election
of any candidate at any election or the vote of any voter; or
(d)upon or in consequence of any such gift or procurement as aforesaid,
procures or engages, promises or endeavours to procure the election of any
candidate at any election or the vote of any voter.
For the purposes of this sub-paragraph
(i)references to giving money shall include references to giving, lending,
agreeing to give or lend, offering, promising, or promising to procure or
endeavour to procure any money or valuable consideration; and
(ii)references to procuring any office shall include references to giving,
procuring, agreeing to give or procure, offering, promising, or promising to
procure or to endeavour to procure any office, place or employment.
(2) A person shall be guilty of bribery if he advances or pays or causes to be
paid any money to or to the use of any other person with the intent that that
money or any part thereof is to be expended in bribery at any election or
knowingly pays or causes to be paid any money to any person in discharge or
repayment of any money wholly or in part expended in bribery at any election.
(3) The foregoing provisions of this paragraph shall not extend or be
construed as extending to any money paid or agreed to be paid for or on
account of any lawful expenses incurred in good faith at or in relation to an
election.
(4) A voter shall be guilty of bribery if before or during an election he
directly or indirectly by himself or by any other person on his behalf
receives, agrees, or contracts for any money, gift, loan or valuable
consideration, office, place or employment for himself or for any other person
for voting or agreeing to vote or for refraining or agreeing to refrain from
voting.
(5) A person shall be guilty of bribery if after an election he directly or
indirectly by himself or by any other person on his behalf receives any money
or valuable consideration on account of any person having voted or refrained
from voting or having induced any other person to vote or refrain from voting.
(6) In this paragraph the expression "voter" includes any person who has or
claims to have a right to vote either on his own behalf or by proxy.
(1) A person shall be guilty of treating if he corruptly, by himself or by any
other person on his behalf, either before, during or after an election,
directly or indirectly gives or provides, or pays wholly or in part the
expense of giving or providing, any food, drink, entertainment or provision to
or for any person
(a)for the purpose of corruptly influencing that person or any other person to
vote or refrain from voting; or
(b)on account of that person or any other person having voted or refrained
from voting, or being about to vote or refrain from voting.
(2) Every elector or proxy who corruptly accepts or takes any such food,
drink, entertainment or provision shall also be guilty of treating.
A person shall be guilty of undue influence
(a)if he, directly, or indirectly, by himself or by any other person on his
behalf, makes use of or threatens to make use of any force, violence or
restraint, or inflicts or threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage, harm or loss upon or against
any person in order to induce or compel that person to vote or refrain from
voting, or on account of that person having voted or refrained from voting; or
(b)if, by abduction, duress or any fraudulent device or contrivance, he
impedes or prevents the free exercise of the franchise of an elector or proxy,
or thereby compels, induces or prevails upon an elector or proxy either to
vote or to refrain from voting.
(1) A person shall be guilty of personation if at any election he
(a)votes or applies for a ballot paper as some other person, whether that
other person is a person whose name appears as an elector in the
current register or is the proxy of such an elector and whether that other
person is living or dead or is a fictitious person; or
(b)votes or applies for a ballot paper as proxy for another person, knowing or
having reasonable grounds for supposing that the proxy paper appointing him
has been cancelled or that that other person is dead or is a fictitious
person.
(2) For the purposes of this paragraph, a person who has marked, whether
validly or not, and returned a ballot paper issued for the purpose of voting
by post, shall be deemed to have voted.
A person shall be guilty of a misdemeanour as to proxy voting if he
(a)votes at any parliamentary election as proxy for more than two electors of
whom he is neither the spouse, parent, grandparent, brother, sister, child or
grandchild; or
(b)not being duly qualified to vote as proxy for another person, so votes;
(c)votes or applies for a ballot paper as proxy for another person knowing or
having reasonable grounds for supposing that that other person
(i)is no longer entitled to vote at that election; or
(ii)is no longer entitled to vote by proxy at that election.
A candidate or an election agent shall be guilty of making a false declaration
as to election expenses if he knowingly makes the declaration required by
section forty-seven falsely.
A person shall be guilty of incurring unauthorised expenses if he incurs, or
aids, abets, counsels or procures any other person to incur, any expenses in
contravention of section forty-one or knowingly makes the declaration required
by sub-section (5) or that section falsely.
A person shall be guilty of a corrupt practice if he attempts or conspires to
commit any of the corrupt practices numbered 1 to 7 in this Part.
A person shall be guilty of a corrupt practice if he aids, abets, counsels or
procures the commission of any of the corrupt practices numbered 1 to 8 in
this Part or knowingly induces some other person to do an act which is, or but
for that other person's want of knowledge would be, such a corrupt practice.
10.(1) A person shall be guilty of an illegal practice if, knowing that he is
subject to a legal incapacity to vote
(a)at any election, he votes or asks for a ballot paper for the purpose of
voting at that election; or
(b)at any parliamentary election, he applies to vote by post.
(2) A person shall be guilty of an illegal practice if he votes or asks for a
ballot paper for the purpose of voting on his own behalf at any election in a
constituency or local government electoral area in which though registered he
knows that he is not entitled to vote.
11. A person shall be guilty of an illegal practice if
(a)he votes
(i)at any parliamentary election, more than once on his own behalf in any
constituency;
(ii)at a parliamentary general election, in more than one constituency ...;
Heads (iii)(iv) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II
(b)he votes in person at a parliamentary election at which he is entitled to
vote by post;
(c)he votes at a local election in any one local government electoral area
(i)more than once [on his own behalf];
Head (ii) rep. by 1969 c.26 (NI) s.6 sch.2 Pt.I
(d)he votes at two or more local elections ... [as resident at] more than one
qualifying address.
12.(1) A person shall be guilty of an illegal practice if
(a)he applies for the appointment of a proxy, knowing that he or the person
proposed as proxy is subject to a legal incapacity to vote;
(b)he votes as proxy for a person, knowing that person to be subject to a
legal incapacity to vote.
(2) A person shall be guilty of an illegal practice if he votes as proxy for
any one elector
(a)at any parliamentary election, more than once in any constituency;
(b)at a parliamentary general election ..., in more than one ... constituency;
Head (c) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.II
(d)more than once at the election of any local authority.
13.(1) A person who commits an offence under sub-section (1) of section four
of the Public Order Act (Northern Ireland), 1951,
(a)at a political meeting held with reference to a parliamentary election for
any constituency between the date of the issue of the writ and the date on
which a return to the writ is made; or
(b)at a meeting in any local government electoral area with reference to a
local election for that area, held on or within three weeks before the
day of election;
Sub-para.(2) substitutes s.5(3) and repeals s.5(4) of 1951 c.19 (NI)
14. A candidate or an election agent who commits the offence specified in
paragraph 28 shall be guilty of an illegal practice.
15. A candidate or an election agent who is personally guilty of any of the
offences of illegal payment, illegal employment or illegal hiring respectively
specified in paragraphs 29, 30 and 31, shall be guilty of an illegal practice.
16. If any person fails to send any statement, declaration or return or copy
thereof as required by any provision of sections forty, forty-one, forty-six
and forty-seven, he shall be guilty of an illegal practice.
17. A person who makes any payment, advance or deposit in contravention of
sub-section (1) of section thirty-nine or pays any money in contravention of
sub-section (4) of that section, shall be guilty of an illegal practice.
18.(1) No payment or contract for payment shall for the purpose of promoting
or procuring the election of a candidate at an election be made to an elector
or proxy on account of the exhibition of, or the use of any house, land,
building or premises for the exhibition of, any address, bill or notice,
unless it is the ordinary business of the elector or proxy as an advertising
agent to exhibit for payment bills and advertisements and the payment or
contract is made in the ordinary course of that business.
(2) If any payment or contract for payment is knowingly made in contravention
of this paragraph either before, during or after an election, the person
making the payment or contract, and, if he knew it to be in contravention of
this Act, any person receiving the payment or being a party to the contract,
shall be guilty of an illegal practice.
19. Any person who, before or during an election, knowingly publishes a false
statement of the withdrawal of a candidate at the election for the purpose of
promoting or procuring the election of another candidate shall be guilty of an
illegal practice.
20.(1) Any person who, or any director of any body or association corporate
which, for the purpose of affecting the return of any candidate at any
election, makes or publishes before or during that election any false
statement of fact in relation to the personal character or conduct of the
candidate shall be guilty of an illegal practice, unless he can show that he
had reasonable grounds for believing, and did believe, the statement to be
true.
(2) The High Court or county court may by interim or perpetual injunction
restrain a person making or publishing any false statement of fact as
aforesaid, from any repetition of that false statement or of a false statement
of a similar character in relation to the candidate; and such an interim
injunction may be granted on prima facie proof of the falsity of the
statement.
21.(1) A person making a payment or contract in contravention of sub-section
(4) of section forty-one and, if he knew it to be in contravention of
this Act, any person receiving the payment or being a party to the contract
shall be guilty of an illegal practice.
(2) A candidate or election agent who before, during or after any election
knowingly pays any sum or incurs any expense in contravention of section
forty-two shall be guilty of an illegal practice.
22. An election agent who pays a claim in contravention of sub-section (1) of
section forty-three or makes a payment in contravention of sub-section (2) of
that section shall be guilty of an illegal practice.
23. A person shall be guilty of an illegal practice if he
(a)attempts or conspires to commit any of the illegal practices specified in
this Part; or
(b)aids, abets, counsels or procures the commission of any of the illegal
practices specified in this Part or knowingly induces some other person to do
an act which is, or but for that other person's want of knowledge would be,
such an illegal practice.
24. A person shall be guilty of an electoral offence if he
(a)makes a service declaration
(i)when he has not a service qualification; or
(ii)knowing that he is subject to a legal incapacity (other than by reason of
his age) to vote; or
<(iii)knowing that it contains a statement which is false; or
(b)attests a service declaration knowing that he is not authorised to do so or
that it contains a false statement.
25. If any person upon whom any functions are conferred by or under this Act
in relation to any election or the registration of electors, without
reasonable cause fails or neglects duly to perform those functions, he shall
be guilty of an electoral offence.
26.(1) A person shall be guilty of an electoral offence if he without lawful
authority destroys, mutilates, defaces or removes any notice published by the
registration officer in connection with his registration duties or any copies
of a document which have been made available for inspection in pursuance of
those duties or any notice or document published or displayed by or on behalf
of the returning officer in connection with any election.
(2) A person shall be guilty of an electoral offence if at any election he
(a)fraudulently defaces or fraudulently destroys
(i)any nomination paper; or
(ii)any ballot paper, or the official mark on any ballot paper, or any voter's
declaration, or any official envelope used in connection with voting by post;
or
(b)without due authority supplies any ballot paper to any person; or
(c)puts into any ballot box any paper other than the ballot paper that he is
authorised by law to put in; or
(d)without due authority takes out of the polling station any ballot paper
(whether issued to him or not); or
(e)wilfully or negligently without due authority, destroys, conceals, loses,
takes, opens or otherwise interferes with
(ii)any sealed or other packet of papers or documents of any kind then in use
or intended to be used for the purposes of the election; or
<(iii)any ballot paper account or marked copy of a register prepared or used for the purposes of the election or any unused ballot papers.
27.(1) A person attending at or admitted to a polling station in any capacity
at an election shall be guilty of an electoral offence if before the poll is
closed he communicates to any other person any information as to
(a)the name of any elector or proxy who has or has not applied for a ballot
paper or voted at a polling station; or
(b)the number on the register of any elector who, or whose proxy, has or has
not applied for a ballot paper or voted at a polling station; or
(c)the official mark.
(2) Any person attending in any capacity at the count at any election shall be
guilty of an electoral offence if he
(a)ascertains or attempts to ascertain at the count the number on the back of
any ballot paper; or
(b)at any time communicates any information obtained at the count as to the
candidate for whom any vote is given on any particular ballot paper.
(3) A person shall be guilty of an electoral offence if he
(a)interferes with or attempts to interfere with a voter when recording his
vote; or
(b)otherwise obtains or attempts to obtain in a polling station information as
to the candidate for whom a voter in that station is about to vote or has
voted; or
(c)communicates at any time to any person any information obtained in a
polling station as to the candidate for whom a voter in that station is about
to vote or has voted, or as to the number on the back of the ballot paper
issued to a voter at that station; or
(d)directly or indirectly induces a voter to display his ballot paper after he
has marked it so as to make known to any person the name of the candidate for
whom he has or has not voted; or
(e)being a person permitted, on making a declaration of secrecy, to remain
with a blind voter while the presiding officer records his vote, communicates
at any time to any person any information as to the candidate for whom that
voter intends to vote or has voted, or as to the number on the back of the
ballot paper issued for use of that voter.
(4) Any person attending the proceedings in connection with the issue or
receipt of ballot papers for persons voting by post shall be guilty of an
electoral offence if he
(a)communicates, before the poll is closed, to any person any information
obtained at those proceedings as to the official mark; or
(b)except for some purpose authorised by law, communicates to any person at
any time any information obtained at those proceedings as to the number on the
back of the ballot paper sent to any person; or
(c)except for some purpose authorised by law, attempts to ascertain at the
proceedings in connection with the receipt of ballot papers the number on the
back of any ballot paper; or
(d)attempts to ascertain at the proceedings in connection with the receipt of
the ballot papers the candidate for whom any vote is given in any particular
ballot paper or communicates any information with respect thereto obtained at
those proceedings.
28. Subject to paragraph 14, any person who
(a)prints or publishes, or causes to be printed or published, any bill,
placard or poster having reference to an election, or any printed document
distributed for the purpose of promoting or procuring the election of a
candidate; or
(b)posts or causes to be posted any such bill, placard or poster as aforesaid;
or
(c)distributes or causes to be distributed any printed document for the said
purpose;
29.(1) Subject to paragraph 15, a person shall be guilty of an electoral
offence (in this Act referred to as "illegal payment") if he contravenes any
of the following provisions of this paragraph.
(2) A person shall not knowingly provide money for any payment which is
contrary to the provisions of this Act, or for any expenses incurred in excess
of any maximum allowed by this Act, or for replacing any money expended in any
such payment or expenses, except where the payment or the incurring of the
expenses may have been previously allowed in pursuance of section one hundred
and seven to be an exception.
(3) A person shall not corruptly induce or procure any other person to
withdraw from being a candidate at any election, in consideration of any
payment or promise of payment; and a person shall not so withdraw in pursuance
of such an inducement or procurement.
(4) A person shall not
(a)make any payment or contract for payment; or
(b)knowing that it is contrary to law, receive any payment or be a party to
any contract for payment;
30. Subject to paragraph 15, if a person is either before, during or after any
election, for the purpose of promoting or procuring the election of a
candidate, engaged or employed for payment or promise of payment as a
canvasser, the person so engaging or employing him and the person so engaged
or employed shall be guilty of an electoral offence (in this Act referred to
as "illegal employment").
31.(1) Subject to paragraph 15, a person shall be guilty of an electoral
offence (in this Act referred to as "illegal hiring") if he contravenes any of
the following provisions of this paragraph.
(2) A person shall not
(a)knowingly let for use as a committee room for the purpose of promoting or
procuring the election of a candidate at any election; or
(b)hire or use as such a committee room;
This sub-paragraph applies to
(i)any premises which are licensed for the sale (whether by wholesale or
retail) of any intoxicating liquor (whether for consumption on or off the
premises); or
(ii)any premises on which any intoxicating liquor is sold or supplied to
members of a club, society or association other than a permanent political
club;
<(iii)any premises on which refreshment of any kind (whether food or drink) is ordinarily sold for consumption on the premises; or
<(iv)the premises of any school (other than an independent school within the meaning of the Education Act (Northern Ireland), 1947) including any dwelling-house forming part thereof and occupied by a person employed for the purposes of the school;
Sub-para.(3) rep. by 1972 NI 13 art.18 sch.3
32. If any returning officer at any election, or any officer or clerk duly
appointed under this Act to perform any functions in relation to any election,
acts as an agent of a candidate in the conduct or management of the election,
he shall be guilty of an electoral offence.
33.(1) Any electoral or deputy electoral officer or canvasser, ..., who
knowingly or negligently includes in any list or register of electors the name
of any person who is not qualified to be or is disqualified for being
registered as an elector or who knowingly or negligently fails to include in
any such list or register the name of any person entitled to be included
therein shall be guilty of an electoral offence.
(2) Any person who fails to comply with or gives false information in
pursuance of any such requisition as is mentioned in paragraph (2) of Rule 3
... or paragraph (2) of Rule 8 of the Registration Rules shall be guilty of an
electoral offence.
(3) A person who, in connection with an election or the preparation of a
register, gives false information or makes a false declaration shall be guilty
of an electoral offence.
(4) Any person to whom subsection (6) of section five applies shall be guilty
of an electoral offence if he fails to designate his ordinary place of
residence or to disclose to the electoral officer for the area in which any
other of the houses from time to time inhabited by him is situate, that that
house is not his designated residence.
(5) Any person who, knowing that his name has been included in any electors
list in contravention of sub-section (6) of section five, fails to take the
steps by law provided for the removal of his name therefrom shall be guilty of
an electoral offence.
34. A person shall be guilty of an electoral offence if he
(a)attempts or conspires to commit any of the electoral offences specified in
this Part; or
(b)aids, abets, counsels or procures the commission of any of the electoral
offences specified in this Part or knowingly induces some other person to do
an act which is or but for that other person's want of knowledge would be such
an offence.
35. Any electoral misdemeanour which is not specifically designated in the
foregoing provisions of this Schedule as a corrupt practice, an illegal
practice or an electoral offence shall be an electoral offence.
Form 1 rep. by SLR 1980
1. I am the person [or a director, general manager, secretary or other like
officer of the association or body of persons] named as incurringexpenses in
the accompanying return, marked .,of expenses required by section forty-one of
the Electoral Law Act (Northern Ireland), 1962, to be authorised by an
election agent.
2. To the best of my knowledge and belief the said return is complete and
correct.
3. The matters for which the expenses referred to in the said return were
incurred were as follows ...Signature of declarant.Office held by
declarant.(in the case of an association or body of persons)
1. I am the election agent of the person named above as a candidate at this
election [am the person named above as a candidate at this election and was my
own election agent].
(Where there has been a change of election agent suitable variations may be
introduced here and elsewhere in the return).
2. I hereby make the following return of the candidate's [my]
election expenses at this election.
days services <#
to (set out the nature of the goods supplied or work and labour done thus:
<, as remuneration
naming or describing them) <#
naming or describing them) <#
In addition to the above I am aware (unless the candidate is his own election
agent add as election agent for the above-named candidate) of the following
disputed and unpaid claims
or other matter on the ground of which the
claim is based) <#
Unpaid claims allowed by the < court tobe paid after the proper time or in respect of which application has been or is about to be made to the court (state in each case whether the High Court or some other court)
or other matter on the ground of which the
claim is due) <#
1. I am the person named above as a candidate at this election [and was my own
election agent] or I was at this election the election agent of the person
named above as a candidate.
2. I have examined the return of election expenses [about to be]transmitted by
my election agent [by me] to the returning officer, ofwhich a copy is now
shown to me and marked <, andto the best of my knowledge and belief it is a complete and correct return as required by law.
3. To the best of my knowledge and belief, all expenses shown in the return as
paid were paid by my election agent [by me], except as otherwise stated in
relation to my [the candidate's] personal expenses.
4. I understand that the law does not allow any election expenses not
mentioned in this return to be defrayed except in pursuance of a court order.
(NOTE.Where there has been a change of election agent, suitable variations may
be introduced into the declaration as to expenses.)
Forms 611 rep. by SLR 1980. Form 12 rep. by 1972 NI 13 art.18 sch.3. Form 13
spent. Form 14 rep. by 1972 NI 13 art.18 sch.3. Forms 1517 spent. Forms 1821
rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I
Section 41.
Section 46.
Section 47(1)(2).
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