Rule 40 Tendered ballot papers - circumstances where availableI1

England and Wales

(1)

If a person, representing himself to be—

(a)

a particular elector 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 an elector and not 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 provisions of rule 41, 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 to be a particular elector named on the register,

(b)

he is also named in the postal voters list, and

(c)

he claims that he did not make an application to vote by post at the election.

(3)

Paragraph (4) also applies if—

(a)

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

(b)

he is also named in the proxy postal voters list, and

(c)

he claims that he 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 41, 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 to be—

(a)

a particular elector 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 has lost or has not received his postal ballot paper.

(6)

F1(7)

Paragraphs (1B) to (1N) of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule at a mayoral election held in England as they apply in the case of a voter who applies for a ballot paper under rule 37(1), but as if, in rule 37(1H) the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Annotations

Textual amendments

F1: Sch. 1 rule 40(7) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 43(11) (with reg. 1(6)(7))

Commencement

I1: Sch. 1 rule 40 in force at 27.3.2007, see reg. 1(2)