Paragraph 41 Voting by persons with disabilities

England and Wales

(1)

Paragraph (2) applies where a voter applies to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of an accompanying person (in these rules referred to as the “companion”).

(2)

F1Subject to paragraph (2A), the presiding officer must grant the application if—

(a)

the voter makes an oral or written declaration that he or she is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance,

(b)

the presiding officer is satisfied that the voter is so incapacitated, and

(c)

the presiding officer is satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)

is a person qualified to assist the voter, and

(ii)

has not previously assisted more than one voter with disabilities to vote in the PCC election.

F2(2A)

Paragraphs (2A) to (2M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a)

references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b)

in rule 39(2G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

(3)

For the purposes of paragraph (2)(c), a person is qualified to assist a voter with disabilities to vote if the F3person is aged 18 or over.

(4)

The declaration made by the companion—

(a)

must be in Form 18 set out in Part 8 of this Schedule,

(b)

must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(c)

must forthwith be given to the presiding officer,

and the presiding officer must attest and retain the declaration.

(5)

No fee or other payment may be charged in respect of the declaration.

(6)

If the presiding officer grants an application under this rule, anything which is by these rules required to be done to or by the voter in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.

(7)

The name of every voter whose vote is given in accordance with this rule must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”) together with—

(a)

the voter's number on the register of electors, and

(b)

the name and address of the companion.

(8)

In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number.

(9)

In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the reference in paragraph (7)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice.

(10)

For the purposes of these rules, a person is a voter with disabilities if the person has made a declaration under paragraph (2)(a).

Annotations

Textual amendments

F1: Words in Sch. 3 rule 41(2) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 60(8)(a) (with reg. 1(6)(7))
F2: Sch. 3 rule 41(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 60(8)(b) (with reg. 1(6)(7))
F3: Words in Sch. 3 rule 41(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 10(3)(b) (with reg. 1(4))