Rule 42 Voting procedureI1

England and Wales

(1)

A ballot paper must be given to a voter who applies for one.

(2)

Immediately before the ballot paper is given—

(a)

the number of the elector, as stated in the copies of the registration records, must be called out,

(b)

unless the elector has an anonymous entry, the name of the elector, as stated in the copies of the registration records, must also be called out,

(c)

the number of the elector must be marked on the polling station’s corresponding number list beside the number of the ballot paper to be issued,

(d)

a mark must be placed in the copies of the registration records against the number of the elector to note that a ballot paper has been received, but without showing the particular ballot paper that has been received, and

(e)

in the case of a person applying for a ballot paper as proxy, a mark must also be placed against the person’s name in the list of proxies.

(3)

In the case of an elector who has an anonymous entry—

(a)

the ballot paper may be given only if the elector’s official poll card or, where the elector is voting by proxy, the proxy’s official poll card is shown to the presiding officer, and

(b)

only the elector’s number may be called out.

(4)

On receiving the ballot paper, the voter must go immediately into one of the compartments in the polling station.

(5)

Without undue delay, the voter must then—

(a)

secretly mark the ballot paper,

(b)

fold the ballot paper up so as to conceal the vote,

(c)

show the presiding officer the back of the ballot paper, so as to disclose the number and other unique identifying mark, and

(d)

put the ballot paper into the ballot box in the presiding officer’s presence.

(6)

As soon as the voter has put the ballot paper in the ballot box, the voter must leave the polling station.

(7)

If a voter is in the polling station, or in a queue outside the polling station, at the close of the poll and has not yet been able to cast their vote, the presiding officer must permit the voter to cast their vote as soon as practicable.

(8)

The copies of the registration records that are used for the community election may also be used for each relevant election.

(9)

Where ballot papers are issued to a voter in respect of the community election and in respect of each relevant election, one mark may be placed in the copies of the registration records and, where appropriate, in the list of proxies to denote that the ballot papers have been issued.

(10)

In any other case, the copies of the registration records and, where appropriate, the list of proxies must be marked in such a way as to identify each election in respect of which a ballot paper has been issued.

(11)

In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Annotations

Commencement

I1: Sch. 2 rule 42 in force at 17.12.2021, see rule 1

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (with modifications) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 3 paras. 26, 29 (with art. 1(4))