Paragraph 37 Tendered ballot papers
Northern Ireland
If a person, representing himself to be—
a particular elector named on the register and not named in the absent voters list, or
a particular person named in the list of proxies as proxy for an elector and notF1. . . 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.
Paragraph (1C) applies if —
a person applies for a ballot paper representing himself to be a particular elector named on the register,
he is also named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 as a person entitled to vote by post, and
he claims that he did not make an application to vote by post at the election.
Paragraph (1C) also applies if—
a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
he is also named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy, and
he claims that he did not make an application to vote by post as proxy.
The person 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.
Paragraph (1E) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
a particular elector named on the register who is also named in the absent voters list in pursuance of paragraph 2(4)(a) of Schedule 2 to that Order as a person entitled to vote by post, or
a particular person named as a proxy in the list of proxies and who is also named in the absent voters list in pursuance of paragraph 2(4)(b) of Schedule 2 to that Order as a person entitled to vote by post as proxy,
and claims that he has lost or has not received his postal ballot paper.
The person 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.
Paragraphs (2) to (7) of rule 34 shall apply in the case of a person who seeks to mark a tendered ballot paper under F4this rule as they apply in the case of a voter who applies for a ballot paper under rule 34(1) F5, but as if the reference in rule 34(5B) to making a further application under rule 34(1) were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.
Paragraph (4) applies where
under paragraph (3) of rule 32 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or
a presiding officer refuses to deliver a ballot paper to a person under paragraph (4) of rule 34 (including that paragraph as applied by rule 35 or 36 or this rule).
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.
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act as if—
in paragraphs (1)(a), (1A)(a) and (1D)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) of the 1983 Act has been issued”;
in paragraph (5)(b), for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”;
in paragraph (6), for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”.
A tendered ballot paper shall—
be of a colour differing from the other ballot papers;
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.
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).
The same list may be used for each election.
If it is, an entry in the list must be taken to mean that the tendered ballot papers were marked in respect of each election unless the list identifies the election at which a tendered ballot paper was marked.
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.
A person who marks a tendered ballot paper under paragraph (4) shall sign the paper, unless it was marked after an application was refused under rule 35 or 36.
A paper which is required to be signed under paragraph (8) and is not so signed shall be void.
This rule does not apply in relation to an elector who has an anonymous entry in the register.
Annotations
Textual amendments
- F1
SI 1987/168
- F2
Sch. 5 rule 37(1A)-(1C) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 63(1); S.I. 2008/1316, art. 2(3), 5(f)(iii)
- F3
Sch. 5 rule 37(1D)(1E) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 63(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)
- F4
Words in Sch. 5 rule 37(2) substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 17(a); S.I. 2022/1401, reg. 2(f)(vii) (with reg. 3(3))
- F5
Words in Sch. 5 rule 37(2) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 17(b); S.I. 2022/1401, reg. 2(f)(vii) (with reg. 3(3))
- F6
SI 2002/2835
- F7
Sch. 5 rule 37(4A) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(6); S.I. 2008/1318, art. 2(2)(b)
- F8
- F9
Sch. 5 rule 37(10) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 6(10)
Notes on the whole Act
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
Notes on Schedule 5
Textual amendments
- F1
SI 1985/454
Modifications
- C1
Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))