Rule 31 Tendered ballot papers: circumstances where available

England and Wales

(1)

If a person, representing himself or herself to be—

(a)

a particular voter 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 a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or his or her proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2)

Paragraph (4) applies if—

(a)

a person applies for a ballot paper representing himself or herself to be a particular voter named on the register;

(b)

he or she is also named in the postal voters list; and

(c)

he or she claims that he or she did not make an application to vote by post.

(3)

Paragraph (4) also applies if—

(a)

a person applies for a ballot paper representing himself or herself to be a particular person named as a proxy in the list of proxies;

(b)

he or she is also named in the proxy postal voters list; and

(c)

he or she claims that he or she did not make an application to vote by post as proxy.

(4)

The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 32, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5)

Paragraph (6) 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 or herself to be—

(a)

a particular voter named on the register who is also named in the postal voters list; or

(b)

a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he or she has lost or has not received his or her postal ballot paper.

(6)

F1(7)

Paragraphs (1A) to (1M) of rule 28 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 28(1), but as if in rule 28(1G), the reference to making a further application under paragraph (1) of rule 28 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.

Annotations

Textual amendments

F1: Sch. 5 rule 31(7) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 50(11) (with reg. 1(6)(7))