OpenLegislation

Rule 35 Questions to be put to votersI1C1

England and Wales

(1)

At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a)

may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, F1...

(b)

F2in relation to a mayoral election held in Wales, must be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put: F3and

F4(c)

in relation to a mayoral election held in England, must be put if—

(i)

(where applicable) the person has answered the previous question in the manner indicated, and

(ii)

the letter “R” appears after the question and the candidate or the candidate’s election or polling agent requires the question to be put:

Q. No.Person applying for ballot paperQuestion
1A person applying as an elector
  1. (za)

    F5At a mayoral election held in England, “What is your name?”

  2. (zb)

    At a mayoral election held in England, “What is your address?”

  3. (c)

    — Are you the person registered in the register of local government electors for this election as follows?

    read the whole entry from the register [R]

  4. (d)

    — Have you already voted [here or elsewhere] at this election otherwise than as proxy for some other person? [R]

2A person applying as proxy
  1. (za)

    At a mayoral election held in England, “What is your name?”

  2. (zb)

    At a mayoral election held in England, “What is your address?”

  3. (a)

    — Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R]

  4. (b)

    — Have you already voted [here or elsewhere] at this election as proxy on behalf of C.D.? [R]

  5. (c)

    F6In relation to a mayoral election held in Wales: — Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R]

  6. (d)

    F7In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]

  7. (e)

    If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

  8. (f)

    If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

  9. (g)

    If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

3A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)
  1. (za)

    At a mayoral election held in England, “What is your name?”

  2. (zb)

    At a mayoral election held in England, “What is your address?”

  3. (a)

    — Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]

  4. (b)

    — Have you already voted [here or elsewhere] as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]

  5. (c)

    In relation to a mayoral election held in Wales:— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R]

  6. (d)

    In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]

  7. (e)

    If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

  8. (f)

    If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

  9. (g)

    If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

4 F8In relation to a mayoral election held in Wales, a person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmativeHave you already voted at this election on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R]
5A person applying as an elector in relation to whom there is an entry in the postal voters list
  1. (za)

    At a mayoral election held in England, “What is your name?”

  2. (zb)

    At a mayoral election held in England, “What is your address?”

  3. (c)

    — Did you apply to vote by post?

  4. (d)

    — Why have you not voted by post?

6A person applying as proxy who is named in the proxy postal voters list
  1. (za)

    At a mayoral election held in England, “What is your name?”

  2. (zb)

    At a mayoral election held in England, “What is your address?”

  3. (c)

    — Did you apply to vote by post as proxy?

  4. (d)

    — Why have you not voted by post as proxy?

(2)

In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

F9(2A)

In the case of a mayoral election held in England, where a clerk—

(a)

gives a person the required information (see paragraph (5)),

(b)

puts a question specified in paragraph (1) to the person, and

(c)

decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3)

F10In the case of a mayoral election in Wales, a ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

F11(3A)

In the case of a mayoral election held in England, where the presiding officer—

(a)

gives a person the required information,

(b)

puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

(c)

decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)).

(3B)

For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a)

where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors;

(b)

where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3C)

In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3B) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4)

Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote F12(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

F13(5)

For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a)

a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b)

giving false information may be an offence.

Annotations

Textual amendments

F1

Word in Sch. 1 rule 35(1)(a) omitted (31.1.2024) by virtue of The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(a)(i) (with Sch. 2 paras. 7, 8(1))

F2

Words in Sch. 1 rule 35(1)(b) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(a)(ii) (with Sch. 2 paras. 7, 8(1))

F3

Word in Sch. 1 rule 35(1)(b) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(a)(iii) (with Sch. 2 paras. 7, 8(1))

F4

Sch. 1 rule 35(1)(c) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(a)(iv) (with Sch. 2 paras. 7, 8(1))

F5

Words in Sch. 1 rule 35(1) Table inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(a) (with reg. 1(6)(7))

F6

Words in Sch. 1 rule 35 table inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(b)(i)(aa) (with Sch. 2 paras. 7, 8(1))

F7

Words in Sch. 1 rule 35 table inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(b)(i)(bb) (with Sch. 2 paras. 7, 8(1))

F8

Words in Sch. 1 rule 35 table inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(a), 14(3)(b)(ii) (with Sch. 2 paras. 7, 8(1))

F9

Sch. 1 rule 35(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(b) (with reg. 1(6)(7))

F10

Words in Sch. 1 rule 35(3) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(c) (with reg. 1(6)(7))

F11

Sch. 1 rule 35(3A)-(3C) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(d) (with reg. 1(6)(7))

F12

Words in Sch. 1 rule 35(4) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(e) (with reg. 1(6)(7))

F13

Sch. 1 rule 35(5) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(7)(f) (with reg. 1(6)(7))

Modifications

C1

Sch. 1 rule 35 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 8(2) (with Sch. 2 para. 7)

Commencement

I1

Sch. 1 rule 35 in force at 27.3.2007, see reg. 1(2)