OpenLegislation

Rule 43 Voters with a disability or unable to read: marking of votes by presiding officerI1

England and Wales

(1)

A voter may apply to the presiding officer for their vote to be marked if the voter—

(a)

is unable, because of F1severe sight impairment or other disability, to vote in the manner directed by these rules, or

(b)

declares orally that they are unable to read.

(2)

Where an application is made, the presiding officer must, in the presence of any polling agents who are in the polling station when the application is made—

(a)

cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b)

cause the ballot paper to be placed in the ballot box.

(3)

Where a voter’s vote is marked in pursuance of paragraph (2), the presiding officer must enter the following details on a list maintained by the presiding officer for the purposes of this rule (“the list of votes marked by the presiding officer”)—

(a)

the name and number of the voter, as shown in the copies of the registration records, and

(b)

the reason why the vote was marked.

(4)

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of votes marked by the presiding officer is the elector’s number.

(5)

The same list of votes marked by the presiding officer may be used for the community election and each relevant election.

(6)

Where the same list is used, an entry in the list is to be taken as meaning that the voter’s vote was marked in respect of the community election and in respect of each relevant election, unless the list identifies one or more elections at which the voter’s vote was marked.

(7)

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

Annotations

Textual amendments

F1

Words in Sch. 2 rule 43(1)(a) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 98 (with rule 1(3))

Commencement

I1

Sch. 2 rule 43 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))