Electoral Law Act (Northern Ireland) 1962
1962 c. 14 (N.I.) · Enacted 29 March 1962 · Extends to Northern Ireland
An Act to consolidate with amendments certain enactments relating to parliamentary and local government elections, corrupt and illegal practices and election petitions.
Annotations to the whole text
Textual amendments
- F1
Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13
Modifications
- C1
Act applied (with modifications) (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 4
- C2
Act modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 8
- C3
Act applied (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 11 para. 5(3); S.I. 2023/1145, reg. 3(l)
Contents
- IIILOCAL AUTHORITIES
- 11Election and term of office of members of district councils.
- 11AProcedures for filling casual vacancies: interpretation
- 11BInitial response to vacancy
- 11CIndependent members: list of substitutes
- 11DIndependent members: filling casual vacancies
- 11EMembers for registered parties: filling casual vacancies
- 11FMembers for two or more registered parties: filling casual vacancies
- 11GParty or parties no longer registered
- 11HTransitional provision for previously co-opted members
- 11JTransitional provision for elected members
- 11KUnfilled vacancies in a local election year
- IVOFFICERS
- 14Appointment of Chief Electoral Officer.
- 14AAppointment of persons to assist Chief Electoral Officer.
- 14BTravelling and subsistence allowances.
- 15Duties of Chief Electoral Officer.
- 21Expenses of registration.
- 22Remuneration and expenses of returning officer at parliamentary election.
- 23Remuneration and expenses of Chief Electoral Officer and other persons at local election.
- 24Claims against, and taxation of expenses of, returning officer.
- 25Remuneration retainable by officers.
- 27Mutual assistance by officers, etc.
- VREGISTRATION OF ELECTORS AND VOTING
- 28Preparation and publication of registers.
- 29Miscellaneous provisions as to registration and voting.
- Part VI: THE ELECTION CAMPAIGN
- 34Appointment of election agent.
- 35Sub-agents at parliamentary elections.
- 36Offices of election agent and sub-agent.
- 37Default in appointing election agent.
- 37AControl of donations to candidates at local elections
- 38Making of contracts through election agent. Repealed
- 39Payment of expenses through an election agent
- 40Personal expenses of candidate and petty expenses at an election.
- 40AExpenses incurred at a local election otherwise than for election purposes
- 41Prohibition of unauthorised expenses.
- 42Limitation of election expenses
- 43Time for sending in and paying claims.
- 44Disputed claims.
- 45Claim by election agent at an election.
- 46return as to election expenses
- 47Declarations as to expenses at a parliamentary election.
- 48Penalty for sitting or voting after failure to transmit return and declarations.
- 49Authorised excuses for failures as respects return and declarations.
- 50Power of court to require information from election agent or sub-agent.
- 51Publication of summary of return as to election expenses at elections.
- 52Inspection of returns and declarations.
- 52AMeaning of “election expenses” at a local election
- 52BProperty, goods, services etc provided free of charge or at a discount
- 53Right to send election address post free.
- 54Rateability of premises unaffected by election meeting thereon.
- 55Duty on and licences for carriages, etc., used at elections.
- 56Rights of creditors.
- VIICONDUCT OF ELECTIONS
- 57Rules for conduct of elections.
- 57AReturning officers: correction of procedural errors
- 58Saving as respects acts, etc., of officers.
- 59Returning officer not disqualified for voting.
- 60Candidates' deposits.
- 61Return or disposal of deposit.
- 62Plural candidatures prohibited.
- 63Offices of returning officers at parliamentary elections.
- 64Offices of returning officers at local elections.
- 65Polling station schemes.
- 66Voting by post.
- 67Voting by proxy.
- Part VIII (ss.69—71) rep. by 1968 c.20 (NI)
- IXQUESTIONING OF ELECTIONS
- 72Election courts.
- 73Attendance of Director of Public Prosecutions at trial of election petition.
- 74Method of questioning parliamentary election.
- 75Presentation and service of parliamentary election petition.
- 76Time for presentation or amendment of parliamentary election petition.
- 77Conclusion of trial of parliamentary election petition.
- 78Method of questioning local election.
- 79Presentation and service of local election petition.
- 80Time for presentation or amendment of local election petition.
- 81Conclusion of trial of local election petition.
- 82Consequences of avoidance of local election.
- 83Special case for determination of Court of Appeal.
- 84Withdrawal of petition.
- 91Costs of petition.
- 92Further provision as to costs of petition.
- 93Jurisdiction.
- 94Report as to candidate guilty of a corrupt or illegal practice.
- 95Avoidance of election and incapacity of candidate reported guilty of a corrupt or illegal practice.
- 96Provisions applying to all persons reported personally guilty of a corrupt or illegal practice.
- 97Disciplinary action on report of corrupt practice.
- 98Avoidance of election for general corruption, etc.
- 99Avoidance of election for employing corrupt agent.
- 100Votes to be struck off for corrupt or illegal practices.
- 101Service of notices, etc.
- 102Rules of court.
- XELECTORAL MISDEMEANOURS
- 103Electoral misdemeanours.
- 104Giving of leave of absence to employees to record their votes.
- 105Prosecution and trial of electoral misdemeanours.
- 106Prosecution of offences disclosed on election petition.
- 107Power to except innocent act from being illegal practice, payment, employment . . . .
- 108Penalties for corrupt practices.
- 109Penalty for illegal practices.
- 110Compensation where charge of personation is unjustly made or not prosecuted.
- 111Penalties for electoral offences by officers and other persons.
- 112Incapacities resulting from convictions for corrupt or illegal practices.
- 113Mitigation and remission of incapacities.
- 114Corrupt and illegal practices committed by agents.
- 115Prosecutions for offences committed outside Northern Ireland.
- 116Evidence by certificate of holding of elections.
- 118Time limit for prosecutions.
- 119Offences by corporations.
- 120Provisions as to Director of Public Prosecutions.
- XIMISCELLANEOUS AND GENERAL
- 122Effect of incapacities with respect to the Parliament of the United Kingdom.
- 122ATranslations etc. of certain documents
- 123Publication of notices and documents.
- 124Misnomer, inaccurate description, etc.
- 125Use of mark in place of signature.
- 126Amendment of forms in Tenth Schedule.
- 127Electoral regulations.
- 128Financial provisions.
- 129Section 129
- 130Interpretation.
- 131Savings.
- 132Short title.
- Schedule Schedule 1 rep. by 1989 c. 3
- Schedule Schedule 2 rep. by 1968 c.20 (NI); SI 1973/2163
- Schedule Schedule 3 rep. by 1989 c. 3
- Schedule 3A: CONTROL OF DONATIONS TO CANDIDATES AT A LOCAL ELECTION
- Part 1: Introductory
- 1Operation and interpretation of Schedule
- 2Donations: general rules
- 3Sponsorship
- 4Payments etc not to be regarded as donations
- 5Value of donations
- Part 2: Controls on donations
- 6Prohibition on accepting donations from impermissible donors
- 7Acceptance or return of donations
- 8Transfer of donations received by candidate to election agent
- 9Evasion of restrictions on donations
- Part 3: Reporting of donations
- 10Statement of relevant donations
- 11Donations from permissible donors
- 12Donations from impermissible donors
- Schedule 3B: LOCAL ELECTION: ELECTION EXPENSES
- Part 1: List of Matters
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: General Exclusions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule Schedule 4 rep. by SLR 1980
- Schedule 5: Local Elections Rules
- Part I: Provisions as to Time and Interpretation
- 1Timetable
- 2Computation of time
- 3Returning officer
- 3AForms
- Part II: Stages Common to Contested and Uncontested Elections
- 4Notice of election
- 5Nomination of candidates
- 5ANomination papers: name of registered political party
- 6Subscription of nomination paper
- 7Consent to nomination
- 8Place for delivery of nomination papers
- 9Right to attend nomination
- 10Decisions as to validity of nomination papers
- 11Withdrawal of candidates
- 12Publication of nominations
- 12ACorrection of minor errors
- 13Adjournment of nomination proceedings in case of riot
- 14Method of election
- Part III: Contested Elections
- 15Poll to be taken by ballot
- 16The ballot papers
- 16ACorresponding number list
- 16BDate of birth lists
- 17The official mark
- 18Prohibition of disclosure of vote
- 19Use of schools and public rooms
- 20Notice of poll
- 21Postal ballot papers
- 22Provision of polling stations
- 23Appointment of presiding officers and clerks
- Paragraph
- 25Issue of official poll cards
- 26Equipment of polling stations
- 27Appointment of polling and counting agents
- 28Notification of requirement of secrecy
- 29Admission to polling station
- 30Keeping of order in station
- 31Sealing of ballot boxes
- 32Questions to be put to voters
- 33Challenge of voter
- 34Voting procedure and voter identification requirements
- 34ADisclosure of information regarding ballot papers
- 35Votes marked by presiding officer
- 36Voting by persons with disabilities
- 37Tendered ballot papers
- 37ATendered postal ballot papers: anonymous entries
- 38Refusal to deliver ballot paper
- 39Spoilt ballot papers
- 39ACorrection of errors on day of poll
- 40Adjournment of poll in case of riot
- 41Procedure on close of poll
- Part IV: Counting of Votes
- 42Interpretation
- 43Place and time for, and manner of, counting of votes
- 44Attendance at counting of votes
- 45Preliminary proceedings and conduct of the count
- 46Rejected ballot papers
- 47First stage
- 48The quota
- 49Transfer of votes
- 50Supplementary provisions on transfer
- 51Exclusion of candidates
- 52Filling of last vacancies
- 53Re-count
- 53ABallot papers in wrong box
- 54Order of election of candidates
- 55Decisions of returning officer
- Part V: Final Proceedings in Contested and Uncontested Elections
- 56Declaration of result
- 56ADestruction of home address forms and date of birth lists
- Part VI: Disposal of Documents
- 57Sealing up of ballot papers
- 58Forwarding of documents
- 59Orders for production of documents
- 60Retention . . . of documents
- Part VII: Death of Candidate
- 61Independent candidate
- 62Deceased independent candidate’s votes are equal to or exceed the quota
- 63Party candidate
- 64Abandoned poll
- APPENDIX OF FORMS
- Chapter
- Chapter
- Chapter
- Front of form
- ELECTION OF DISTRICT COUNCILLORS
- DECLARATION OF IDENTITY
- Back of form
- INSTRUCTIONS TO THE VOTER
- Chapter
- Chapter
- Chapter
- Schedule Schedule 6 rep. by 1968 c. 20 (NI)
- Schedule SEVENTH: PROXIES
- Part I: [Title rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I]
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part II rep. by 1968 c.20 (NI)
- Schedule EIGHTH: ELECTION COURTS
- Powers of election courts
- 1Paragraph 1
- Place of trial
- 2Paragraph 2
- Reception of and attendance on election judges, etc.
- 3Paragraph 3
- Local election courts
- 4Paragraph 4
- Shorthand writers
- 5Paragraph 5
- Expenses of local election courts
- 6Paragraph 6
- Provisions as to security for costs
- 7Paragraph 7
- Petition at issue
- 8Paragraph 8
- Lists and trial of election petitions
- 9Paragraph 9
- Preliminary and incidental applications
- 10Paragraph 10
- Trial of petitions
- 11Paragraph 11
- Witnesses
- 12Paragraph 12
- Schedule NINTH: ELECTORAL MISDEMEANOURS
- Part I: CORRUPT PRACTICES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 4AOffences relating to applications for postal and proxy votes at a local election
- 5Paragraph 5
- 5ZAHandling of postal voting documents by political campaigners
- 5AFalse statements in nomination papers, etc.
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: ILLEGAL PRACTICES
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 17AParagraph 17A
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- IIIELECTORAL OFFENCES
- 24AParagraph 24A
- 25Paragraph 25
- 26Paragraph 26
- 26AParagraph 26A
- 27Paragraph 27
- 27AProhibition on publication of exit polls
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Paragraph
- 32Paragraph 32
- 32AParagraph 32A
- 34Paragraph 34
- 35Paragraph 35
- Schedule TENTH: FORMS
- Form 1 rep. by SLR 1980
- FORM 2
- Form of return of expenses required by section forty-one to be authorised by an election agent.
- FORM 3
- Form of declaration as to expenses required by section forty-one to be authorised by an election agent.
- FORM 4
- FORM 5
- Form of declaration as to election expenses required by section forty-seven
- Form 6 repealed by SLR 1980.
- Form 7 repealed by SLR 1980.
- Form 8 repealed by SLR 1980.
- Form 9 repealed by SLR 1980.
- Form 10 repealed by SLR 1980.
- Form 11 repealed by SLR 1980.
- Form 12 repealed by 1972 NI 13.
- Form 13 spent.
- Form 14 repealed by 1972 NI 13.
- Form 15 spent.
- Form 16 spent.
- Form 17 spent.
- Form 18 repealed by 1968 c.20 (NI)
- Form 19 repealed by 1968 c.20 (NI
- Form 20 repealed by 1968 c.20 (NI
- Form 21 repealed by 1968 c.20 (NI
- Schedule Eleventh Schedule repealed by SLR 1973