Paragraph 33 Questions to be put to votersC1
At the time of the application (but not afterwards), the questions specified in the second column of the following Table—
may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and
must be put if F1(where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:
| Q. No. | Person applying for ballot paper | Question |
|---|---|---|
| 1 | A person applying as an elector |
|
| 2 | A person applying as proxy |
|
| 3 | A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2) |
|
| F5. . . | . . . | . . . |
| 5 | A person applying as an elector in relation to whom there is an entry in the postal voters list |
|
| 6 | A person applying as proxy who is named in the proxy postal voters list |
|
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 F63(a) and (b) 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.
Where a clerk—
gives a person the required information (see paragraph (5)),
puts a question specified in paragraph (1) to the person, and
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.
Where the presiding officer—
gives a person the required information,
puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and
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 39A (procedure where ballot paper is refused under this paragraph)).
For the purposes of the rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—
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;
where both those questions are put, the answers match a name and address in that register that relate to the same person.
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 (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).
Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote F9(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).
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 ballot paper will be refused if the person fails to answer each question satisfactorily, and
giving false information may be an offence.
Annotations
Textual amendments
- F1
Words in Sch. 2 rule 33(1)(b) inserted (31.1.2024) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(4)(a), 3(8)(a) (with Sch. 1 para. 7(1))
- F2
Words in Sch. 2 rule 33(1) table inserted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 4(6)(a)
- F3
Words in Sch. 2 rule 33(1) Table omitted (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 1 para. 3(6) (with reg. 12(d))
- F4
Words in Sch. 2 rule 33 table substituted (31.1.2024) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(4)(a), 3(8)(b)(i) (with Sch. 1 para. 7(1))
- F5
Words in Sch. 2 rule 33 table omitted (31.1.2024) by virtue of The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(4)(a), 3(8)(b)(ii) (with Sch. 1 para. 7(1))
- F6
Words in Sch. 2 rule 33(2) substituted (31.1.2024) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(4)(a), 3(8)(c) (with Sch. 1 para. 7(1))
- F7
Sch. 2 rule 33(2A) inserted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 4(6)(b)
- F8
Sch. 2 rule 33(3)-(3B) substituted for Sch. 2 rule 33(3) (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 4(6)(c)
- F9
Words in Sch. 2 rule 33(4) inserted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 4(6)(d)
- F10
Sch. 2 rule 33(5) inserted (16.1.2023 with application in accordance with rule 1(3)(4) of the amending S.I.) by The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022 (S.I. 2022/1397), rules 1(1), 4(6)(e)
Modifications
- C1
Sch. 2 rule 33 modified (31.10.2023) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), reg. 1(2)(d), Sch. 1 para. 7(2)