Representation of the People Act 1983

U.K. The Poll

Admission to polling stationU.K.

32(1)The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except—

(a)the candidates and their election agents;

(b)the polling agents appointed to attend at the polling station;

(c)the clerks appointed to attend at the polling station;

(d)the constables on duty; and

(e)the companions of [F1voters with disabilities].

(2)Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(3)A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Act, except on production and surrender of a certificate as to his employment, which shall be in the prescribed form and signed by the prescribed officer of police or by the returning officer, as the case may be.

(4)Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in stationU.K.

33(1)It is the presiding officer’s duty to keep order at his polling station.U.K.

(2)If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a)by a constable in or near that station, or

(b)by any other person authorised in writing by the returning officer to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(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.

Sealing of ballot boxesU.K.

34U.K. Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Questions to be put to votersU.K.

35(1)The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them—

(a)in the case of a person applying as an elector—

(i)“Are you the person registered in the register of parliamentary electors for this election as follows?” (read the whole entry from the register.)

(ii)“Have you already voted, here or elsewhere, at this by-election [general election], otherwise than as proxy for some other person?”

(b)in the case of a person applying as proxy—

(i)“Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?”

(ii)“Have you already voted here or elsewhere at this by-election [general election] as proxy on behalf of C.D.?”

[F2(1A)In the case of a person applying as an elector, the presiding officer may put the following additional question—

What is your date of birth? ”.]

(2)In the case of a person applying as proxy, the presiding officer may, and if required as mentioned [F3in paragraph (1)] above shall, put the following additional question—

and if that question is not answered in the affirmative the following question—

(3)A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

(4)Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voterU.K.

36(1)If at the time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent—

(a)declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation, and

(b)undertakes to substantiate the charge in a court of law,

the presiding officer may 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)A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.

(3)A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedureU.K.

37(1)A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a)the ballot paper shall be stamped with the official mark;

(b)the number, [F4and name] of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on the counterfoil;

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

(2)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3)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.

37(1)[F18Subject to paragraphs (1A) to (1G) below, a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a)the ballot paper shall be stamped with the official mark;

(b)the number, [F19and name] of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on the counterfoil;

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F20(1A)A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

(1B)Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless the officer or clerk decides that

[F21(a)the document; or

(b)the apparent age of the voter as compared with his age according to the date supplied as the date of his birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act,

(1C)[F22Where in such a case it is a presiding officer who so decides,] he shall refuse to deliver a ballot paper to the voter.

[F23(1D)Where in such a case it is a clerk who so decides, he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.]

(1E)For the purposes of this rule a specified document is one which for the time being falls within the following list:—

[F24(a)a current licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

(b)a current passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

(c)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(f)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27F28(g)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(h)a current electoral identity card issued under section 13C of this Act]

[F29(i)a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002]]

[F30In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 (excluding a provisional licence), or under Article 12 of the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force.]

(1F)Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).

(1G)References in this rule to producing a document are to producing it for inspection.]

(2)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3)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.]

Votes marked by presiding officerU.K.

38(1)[F5The][F5Subject to paragraph (1A) below, the] presiding officer, on the application of a voter—

(a)who is incapacitated by blindness or other physical cause from voting in manner directed by these rules, or

(b)who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.

[F6(1A)Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to causing a voter’s vote to be marked on a ballot paper.]

(2)The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

[F7 Voting by persons with disabilities]U.K.

F8[39(1)If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a)blindness or other physical incapacity, or

(b)inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2)If the presiding officer—

(a)is satisfied that the voter is so incapacitated, and

(b)is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)is a qualified person within the meaning of this rule, and

(ii)has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3)For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

(a)is a person who is entitled to vote as an elector at the election; or

(b)is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.

(4)The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(5)The declaration made by the companion—

(a)shall be in the form in the Appendix; and

(b)shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(6)No fee or other payment shall be charged in respect of the declaration.]

Tendered ballot papersU.K.

40(1)If a person, representing himself to be—

(a)a particular elector named on the register and not named in the absent voters list, or

(b)a particular person named in the list of proxies as proxy for an elector and not F9 entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

[F10(1A)Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) above as they apply in the case of a voter who applies for a ballot paper under rule 37(1).

(1B)Paragraph (1C) below applies where

[F11(a)under paragraph (3) of rule 35 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or

(b)] a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 of this rule).

(1C)The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.]

(2)A tendered ballot paper shall—

(a)be of a colour differing from the other ballot papers;

(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(3)The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”).

(4)In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

[F12(5)A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.

(6)A paper which is required to be signed under paragraph (5) above and is not so signed shall be void.]

[F13 Refusal to deliver ballot paper]U.K.

[F1440A(1)This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).U.K.

(2)The refusal shall be subject to review on an election petition but, subject to that, shall be final and shall not be questioned in any proceeding whatsoever.]

Spoilt ballot papersU.K.

41U.K. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a 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 the place of the ballot paper so delivered (in these rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riotU.K.

42(1)Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer.U.K.

(2)Where 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; and

(b)references in this Act to the close of the poll shall be construed accordingly.

Procedure on close of pollU.K.

43(1)As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,

(b)the unused and spoilt ballot papers placed together,

(c)the tendered ballot papers,

(d)the marked copies of the register of electors and of the list of proxies,

(e)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll,

(f)the tendered votes list, the list of [F17voters with disabilities] assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “physical incapacity” and “unable to read”, and the declarations made by the companions of [F17voters with disabilities],

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

(2)The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(3)The packets shall be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.