Paragraph 38 Voting procedure

F1Subject to rule 36(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

Paragraph (1D) applies in relation to a voter where—

Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

The presiding officer must refuse to deliver a ballot paper to a voter where—

Paragraph (1E)(a) does not apply where—

The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

In this rule, a “forged document” means a false document made to resemble a specified document.

In this rule, a “specified document”—

Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

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

In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card F4....

In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.

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.

A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—

The same copy of—

may be used for the election and each relevant election and referendum and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each election and referendum; except that, where a ballot paper has not been issued in respect of any election or referendum, a different mark must be placed in the list, register or notice so as to identify the election or referendum in respect of which a ballot paper was issued.

At an ordinary election, the same copy of the list mentioned in rule 28(3)(d), may be used for each Authority election and one mark may be placed in the list, to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, so as to identify the elections in respect of which a ballot paper was issued.

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 must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.