Amendment 103
103: After Clause 28, insert the following new Clause—
"Personal identifiers at the ballot box
(1) Schedule 1 (parliamentary election rules) to the Representation of the People Act 1983 is amended as follows.
(2) After rule 37(1) (ballot paper to be delivered to voter on application) there is inserted—
"(1A) A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.
(1B) Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless the officer or clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.
(1C) Where a voter produces a specified document to a presiding officer and he so decides, the presiding officer shall refuse to deliver a ballot paper to the voter.
(1D) Where a voter produces a specified document to a clerk and he so decides, he shall refer the matter and produce the document to the presiding officer who shall proceed as if the document has been produced to him in the first place.
(1E) For the purposes of this rule the Secretary of State must, as soon as is practicable, after consultation with the Electoral Commission, designate by order what the "specified document" or "specified documents" are.
(1F) The power to make an order under paragraph (1E) is exercisable by statutory instrument.
(1G) No order may be made under paragraph (1E) unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.
(1H) Orders made under paragraph (1E) may be subject to alteration by subsequent orders made by the Secretary of State in consultation with the Electoral Commission.
(1I) References in this rule to producing a document are to producing it for inspection."
(3) After rule 38(1) (incapacitated voter’s vote to be marked on ballot paper on application) there is inserted—
"(1A) paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to causing a voter’s vote to be marked on a ballot paper.".
(4) After rule 39(2) (blind voter to be allowed assistance of companion on application) there is inserted—
"(2A) paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to granting a voter’s application.".
(5) After rule 40(1) (person entitled to mark tendered ballot paper after another has voted) there is inserted—
"(1A) paragraphs (1A) to (1G) of rule 37 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) above as they apply in the case of a voter who applies for a ballot paper under rule 37(1).
(1B) paragraph (1C) below applies where a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 or this rule).
(1C) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as "a tendered ballot paper") in the same manner as any other voter.".
(6) After rule 40(4) there is inserted—
"(5) A person who marks a tendered ballot paper under paragraph (1C) shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.
(6) A paper which is required to be signed under paragraph (5) above and is not so signed shall be void."."
Political Parties and Elections Bill
Proceeding contribution from
Lord Henley
(Conservative)
in the House of Lords on Wednesday, 17 June 2009.
It occurred during Debate on bills on Political Parties and Elections Bill.
About this proceeding contribution
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711 c1165-6 Session
2008-09Chamber / Committee
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