The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1Voting procedureN.I.

39.—(1) Subject to paragraphs (3) to (8) below and rule 37, a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a)the number and name of the elector as stated in the copy of the register of electors must be called out;

(b)the number of the elector must be marked on the list mentioned in rule 30(3)(d) beside the number of the ballot paper to be issued to him;

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

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

(2) In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a)in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13BA(9) of the 1983 Act”;

(b)in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13BA(9) of the 1983 Act”.

(3) A ballot paper must not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

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

(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 birth pursuant to section 10A(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,

raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.

(5) Where in such a case it is a presiding officer who so decides, he must refuse to deliver a ballot paper to the voter.

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

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

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

(b)a passport issued by a member State of the European Union;

(c)an electoral identity card issued under section 13C of the 1983 Act;

(d)a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(e)a Blind Person’s SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(f)a War Disabled SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(g)a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.

In 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 or under the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force [F2and includes a Community licence within the meaning of those enactments].

(8) References in this rule to producing a document are to producing it for inspection.

(9) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and—

(a)must secretly record his vote by placing on the ballot paper “1” opposite the name of the candidate of his first choice and, if he wishes, by placing “2” opposite the name of his second choice, “3” opposite the name of the candidate of his third choice and so on in order of his preference;

(b)fold the paper so as to conceal his vote;

(c)show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark; and

(d)put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(10) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

[F3(10A) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]]