Paragraph 37 C1E1C2C3F1
England, Wales and Scotland
F2Subject to rule 35(3) and to paragraphs (1A) to (1P), a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;
a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;
the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and
in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.
A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.
The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.
Paragraph (1D) applies in relation to a voter where—
the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or
the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document (see paragraph (1P)).
Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.
The presiding officer must refuse to deliver a ballot paper to a voter where—
the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or
the voter produces a document to the officer that the officer reasonably suspects to be a forged document.
See rule 40ZB (procedure where ballot paper is refused under this paragraph).
But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where—
a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and
the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.
In this rule a “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder—
a United Kingdom passport (see paragraph (1I));
a passport or passport card issued by an EEA state or a country listed in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens);
a licence to drive a motor vehicle granted under—
Part 3 of the Road Traffic Act 1988, or
the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (N.I. 1));
a driving licence issued by any of the Channel Islands, the Isle of Man or an EEA state;
a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007;
an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card);
a Ministry of Defence Form 90 (Defence Identity Card);
a Ministry of Defence Form 100 (HM Armed Forces Veteran Card);
a National Entitlement Card issued by a local authority in Scotland;
a relevant concessionary travel pass (see paragraph (1J));
a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970 or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (blue badge scheme);
an electoral identity document issued under section 13BD (electoral identity document: Great Britain);
an electoral identity card issued under section 13C (electoral identity card: Northern Ireland);
a national identity card issued by an EEA state.
In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—
| passes funded by the Government of the United Kingdom | an Older Person’s Bus Pass |
| a Disabled Person’s Bus Pass | |
| an Oyster 60+ card | |
| a Freedom Pass | |
| F7. . . | . . . |
| passes funded by the Welsh Government | a 60 and Over Welsh Concessionary Travel Card |
| a Disabled Person’s Welsh Concessionary Travel Card | |
| passes issued under the Northern Ireland Concessionary Fares Scheme | a Senior SmartPass |
| a Registered Blind SmartPass or Blind Person’s SmartPass | |
| a War Disablement SmartPass or War Disabled SmartPass | |
| a 60+ SmartPass | |
| a Half Fare SmartPass |
In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which—
was issued by an appropriate registration officer, and
contains the voter’s electoral number.
For the purposes of paragraph (1K)—
“appropriate registration officer” means—
- (a)
the registration officer for the constituency in which the election is being held, or
- (b)
where the election is being held in a constituency for which there is more than one registration officer, any of those officers;
- (a)
a voter’s “electoral number” is the number—
- (a)
allocated to the voter as stated in the copy of the register of electors, or
- (b)
where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.
- (a)
A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1N)).
In this rule a “forged document” means a false document made to resemble a specified document.
Regulations may make provisions varying paragraph (1H), (1I) or (1J) by—
adding a reference to a document to any of those paragraphs,
removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(j)), or
varying any description of document referred to in any of those paragraphs.
No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.
References in this rule to producing a document are to producing it for inspection.
In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card F8...
In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (c), for “in the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of this Act ”.
Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies.
The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Annotations
Textual amendments
- F1
Sch. 1 rule 37 substituted (E.W.S.) (1.1.2007 for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 75; S.I. 2006/3412, art. 3, Sch. 1 para. 12(d)
- F2
Words in Sch. 1 rule 37(1) substituted (E.W.S.) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(3)(a); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
- F3
Sch. 1 rule 37(1)(a) omitted (E.W.S.) (16.1.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(3)(b); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
- F4
Sch. 1 rule 37(1A)-(1T) inserted (E.W.S.) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(4); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
- F5
Sch. 1 rule 37(1H)(b) substituted (E.W.S.) (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), regs. 1(1), 2(2)(a) (with reg. 1(5)-(7))
- F6
Sch. 1 rules 37(1H)(ga)(gb) inserted (E.W.S.) (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), regs. 1(1), 2(2)(b) (with reg. 1(5)-(7))
- F7
Words in Sch. 1 rule 37(1J) table omitted (4.12.2024) by virtue of The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), regs. 1(1), 2(3) (with reg. 1(5)-(7))
- F8
Words in Sch. 1 rule 37(2) omitted (E.W.S.) (16.1.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(5); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
- F9
Sch. 1 rule 37(3)(a) omitted (E.W.S.) (16.1.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(6); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
- F10
Sch. 1 rule 37(7) inserted (E.W.S.) (22.5.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 19(2), 27(1); S.I. 2014/336, art. 2
Modifications
- C1
Sch. 1 rule 37 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
Sch. 1 rule 37 modified (17.2.1994) by S.I. 1994/342, arts. 1(2)(3), 2(2), 16(4)
- C2
Sch. 1 rule 37 applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 2
- C3
Sch. 1 rule 37 applied (with modifications) (31.1.2024) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 42; S.I. 2023/1145, reg. 4(e)(xiii) (with Sch. para. 3))
Extent
- E1
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland.
Notes on Schedule 1
Modifications
- C1
Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23
- C2
Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
- C3
Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
- C4
Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
- C5
Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
- C6
Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9; and (4.4.2024) by S.I. 2024/382, art. 1(2), Sch. 5 (with art. 1(3)))
- C7
Sch. 1 modified (S.) by The Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111), regs. 2, 95, 96, 98 (as amended (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 36 (with reg. 1(6)(7)))
- C8
Sch. 1 modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2); (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37 (with reg. 1(6)(7)) and (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 4)
Notes on Voting procedure and voter identification requirements: Northern Ireland Voting procedure and voter identification requirements: Great Britain
Textual amendments
- F1
Sch. 1 rule 37 cross-heading substituted (N.I.) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 17(2); S.I. 2022/1401, reg. 2(d)(ix)(bb) (with reg. 3(1))
- F2
Words in Sch. 1 rule 37 cross-heading substituted (E.W.S.) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 18(2); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))