Rule 46 Tendered ballot papers: circumstances where availableI1

England and Wales

(1)

This rule sets out circumstances where a person who applies for a vote (“the applicant”) is entitled to vote on satisfactorily answering the questions permitted by law to be asked at the poll F1in accordance with rule 40, but where the procedure for giving the vote is modified in the following two ways—

(a)

the person must use a ballot paper that is of a different colour to other ballot papers, and

(b)

the person must give the ballot paper to the presiding officer (instead of putting it in the ballot box).

Circumstances where vote already given in person

(2)

The first set of circumstances is where—

(a)

the applicant represents themself to be a particular elector named in the copies of the registration records and not named in the postal voters list or list of proxies, and

(b)

another person has already voted in person either as that elector or as that elector’s proxy.

(3)

The second set of circumstances is where—

(a)

the applicant represents themself to be a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy, and

(b)

another person has already voted in person either as that elector or as that elector’s proxy.

Circumstances where applicant on postal voters list claims not to have applied for postal vote

(4)

The third set of circumstances is where—

(a)

the applicant represents themself to be a particular elector named in the copies of the registration records,

(b)

the applicant is also named in the postal voters list, and

(c)

the applicant claims not to have made an application to vote by post at the election.

(5)

The fourth set of circumstances is where—

(a)

the applicant represents themself to be a particular person named as a proxy in the list of proxies,

(b)

that person is also named in the proxy postal voters list, and

(c)

the applicant claims not to have made an application to vote by post as proxy at the election.

Circumstances where applicant claims to have lost postal ballot paper etc.

(6)

The fifth set of circumstances is where—

(a)

after the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular elector named in the copies of the registration records who is also named in the postal voters list, and

(b)

the applicant claims to have lost or not to have received that person’s postal ballot paper.

(7)

The sixth set of circumstances is where—

(a)

after the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular person named as a proxy in the list of proxies who is also named in the proxy postal voters list, and

(b)

the applicant claims to have lost or not to have received that person’s postal ballot paper.

(8)

A ballot paper that is given to a presiding officer in accordance with this rule is referred to in these rules as a “tendered ballot paper”.

(9)

Where an elector has an anonymous entry, the references in this rule to a person named in the copies of the registration records or a list are to be read as references to a person who has a number in the copies or list.

(10)

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 46(1) inserted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 100 (with rule 1(3))

Commencement

I1: Sch. 2 rule 46 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))