Electoral (Amendment) Act 2004

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SCHEDULE 1

Modification of Certain Provisions of Act of 1997

Section 7 .

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Act of 1997, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machine;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) a reference in any such provision to that Act included, where appropriate, a reference to this Act;

(e) in section 17(3)(b) of that Act, for “to open the ballot boxes and verify the ballot paper accounts” there were substituted “for the discharge of all or any particular part of his or her duties as local returning officer”;

(f) in Rule 25 of the Second Schedule to that Act (referred to subsequently in this Schedule as the “Second Schedule”)—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in subparagraph (c) of paragraph (1);

(ii) there were substituted for subparagraph (d) of paragraph (1) the following:

“(d) at the reading in and verification of vote data in cartridges or discs.”;

(iii) for “ballot boxes have been sealed by the presiding officer as provided by Rule 71(2)” in paragraph (7), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004”;

(iv) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal voter ballot boxes” where those words first occur in paragraph (8) and there were inserted “and the votes on the postal voters ballot papers are to be entered on a voting machine” after “to be opened” in that paragraph;

(v) for “opening of the ballot boxes and the verification of ballot paper accounts” in paragraph (9) there were substituted “reading in and verification of vote data in cartridges or discs” and for “ballot boxes are to be opened” there were substituted “read in and verification takes place”; and

(vi) there were inserted “or the Electoral (Amendment) Act 2004” after “this Schedule” in paragraph (13);

(g) in Rule 28 of the Second Schedule for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(h) in Rule 30(1) of the Second Schedule there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(i) in Rule 31 of the Second Schedule there were inserted “and the entry of postal voters and special voters votes on voting machines in accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”;

(j) in Rule 36 of the Second Schedule—

(i) in paragraph (1) there were substituted “after the final delivery of post to the local returning officer on polling day” for “before the time appointed by the local returning officer under rule 73 for the opening of ballot boxes and verification of ballot paper accounts”; and

(ii) there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in paragraph (2);

(k) in Rule 38 of the Second Schedule for “with rule 75.” there were substituted “with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Rule 39(5).”;

(l) in Rule 39 of the Second Schedule there were inserted “, the unused ballot papers” after “postal voters list”, where those words first occur in paragraph (1);

(m) in Rule 48 of the Second Schedule for “ballot boxes”, in each place where those words occur in paragraphs (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Rule 50 of the Second Schedule—

(i) there were inserted in paragraph (2)(b) (inserted by section 51(j) of the Act of 2001) “and the purposes of the Electoral (Amendment) Act 2004” after “for that purpose”; and

(ii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in subparagraph (h) of paragraph (2);

(o) in Rule 51(1) of the Second Schedule there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Rule 53 of the Second Schedule there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Rule 56 of the Second Schedule—

(i) in paragraph (7)—

(I) for “compartments” in subparagraph (a) there were substituted “voting machines”;

(II) there were deleted subparagraphs (c), (d) and (e); and

(III) in subparagraph (i) there were deleted “and placing in the ballot box”;

and

(ii) in paragraph (8), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Rule 64 of the Second Schedule—

(i) in paragraph (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in paragraph (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in paragraph (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in paragraph (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in paragraph (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(s) in Rule 65 of the Second Schedule—

(i) in paragraph (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in paragraph (2)—

(I) for “ballot papers issued pursuant to this rule” there were substituted “cases arising under paragraph (1)”; and

(II) for “such papers” there were substituted “such permissions referred to in that paragraph”;

(t) in Rule 66 of the Second Schedule—

(i) in paragraph (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in paragraph (2), for “for a ballot paper” in each place where those words occur, there were substituted “to vote”;

(u) in Rule 70 of the Second Schedule—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”; and

(iii) in paragraph (e) there were inserted “and the Electoral (Amendment) Act 2004” after “this Act”;

(v) in Rule 72 of the Second Schedule for “for a ballot paper” in subparagraphs (b), (c) and (d) of paragraph (1) there were substituted “to vote”;

(w) in Rule 73 of the Second Schedule—

(i) in paragraph (1) there were deleted “which shall not be later than 9 a.m. on the day next following the polling day,” and there were substituted “read in and verify the vote data from the cartridges or discs in accordance with section 13 of the Electoral (Amendment) Act 2004” for “open the ballot boxes and verify the ballot paper accounts in accordance with this Part”; and

(ii) in paragraph (2) there were substituted “read in and verify the vote data from the cartridges or discs” for “open the ballot boxes”, there were substituted “reading in and verification of vote data from the cartridges or discs” for “verification of ballot paper accounts” and there were substituted “cartridges or discs” for “ballot papers”;

(x) in Rule 74 of the Second Schedule—

(i) there were substituted in paragraph (1) “read in the vote data from the cartridges or discs” for “open the ballot boxes”; and

(ii) there were substituted in paragraph (3) “reading in and verification of vote data from the cartridges or discs” for “opening of the boxes and verification of the ballot paper accounts”;

(y) in Rule 75 of the Second Schedule—

(i) there were substituted the following for subparagraphs (a) to (e) of paragraph (1):

“(a) read in and verify the vote data from the cartridges or discs received for each voting machine,

(b) prepare a statement showing the result of the verification under subparagraph (a) in respect of all the cartridges or discs for the county or county borough for which he or she is the local returning officer,

(c) forthwith, as instructed by the returning officer for the constituency, deliver the vote data and verification form to the said returning officer,

(d) place the cartridges and discs for each voting machine (including postal voters), in the cases provided, endorse on each such case the number of cartridges or discs contained therein, the name of the county or county borough and deliver each case to the chief returning officer as directed.”;

and

(ii) there were deleted paragraph (2);

(z) in Rule 76 of the Second Schedule there were substituted “cartridges or discs” for “ballot papers” and there were substituted “read in and verification of vote data” for “verification of the ballot paper accounts”;

(aa) in Rule 77 of the Second Schedule there were substituted “cartridges or discs containing vote data” for “ballot papers”;

(bb) in Rule 78 of the Second Schedule in paragraph (3) for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs received from the local returning officers have been correctly accounted for”;

(cc) in Rule 79 of the Second Schedule—

(i) in paragraph (1) there were substituted “read in and verify the vote data received from the local returning officer” for “open the ballot boxes and the packets contained therein and extract the ballot papers therefrom”; and

(ii) in paragraph (2) there were substituted “the votes” for “the ballot papers” and there were inserted “and section 13 of the Electoral (Amendment) Act 2004” after “Schedule”;

(dd) Rule 81 of the Second Schedule were deleted;

(ee) in Rule 93 of the Second Schedule—

(i) in paragraph (1) there were substituted for subparagraphs (a) and (b) the following—

“(a) the cartridges or discs containing the vote data received from the local returning officers,

(b) the election database,”;

(ii) in paragraph (3) there were substituted for subparagraphs (a), (b) and (c) the following:

“(a) the documents referred to in section 12 (9)(a) and (b) of the Electoral (Amendment) Act 2004,

(b) verification of vote data in the cartridges or discs,”;

(iii) in paragraph (4), there were inserted “and vote data to be deleted from the cartridges or discs” after “destroyed”;

(ff) in Rule 103 of the Second Schedule—

(i) for “for a ballot paper” in subparagraphs (a) and (b) of paragraph (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in paragraph (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under rule 63)”; and

(iii) for “obtained a ballot paper” in paragraph (2) there were substituted “applied to vote”;

(gg) in Rule 106 of the Second Schedule—

(i) in paragraph (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal voters ballot boxes”;

(ii) in paragraph (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in paragraph (2), for “for a ballot paper” there were substituted “to vote” and there were deleted “or as to the official mark”;

(iv) there were substituted the following for paragraph (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in paragraph (4)(a), for “making a ballot paper” there were substituted “voting”;

(vi) in paragraph (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vii) in paragraph (4)(c), for “display a ballot paper after the said voter has marked it so as to make known” there were substituted “disclose”;

(hh) in Rule 107 of the Second Schedule there were inserted in paragraph (a) “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(ii) in Rule 123 of the Second Schedule there were substituted for “ballot paper during the verification of the ballot paper accounts”, “cartridge or disc during the read in and verification of vote data”;

(jj) for Rule 134 of the Second Schedule there were substituted the following Rule:

“134. (1) The court may, for the purposes of the trial of a petition questioning a European election, if it thinks fit, order—

(a) that all the votes cast on voting machines at the election in a constituency to which the petition relates shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs contained in particular voting machines shall be so counted,

and where the court so orders, the provisions of this Rule shall have effect. For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 13 (4) of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the referendum, showing the preference recorded on it and the vote number referred to in that section 13 (4).

(2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3), (4) and (5) and to such modifications (if any) as the court considers necessary.

(3) In counting the votes afresh pursuant to an order under this Rule, the count shall begin without disturbing the mix carried out by the constituency vote counting machine as provided for in section 13 of the Electoral (Amendment) Act 2004.

(4) Where votes are counted afresh pursuant to an order under this Rule and the court decides that votes shall be added to, or removed from, the vote table, the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(5) The court shall have power to reverse any decision of the constituency returning officer at the original count.

(6) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 18 shall, with respect to the services and expenses properly rendered or incurred by the returning officer or local returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer or local returning officer for, or in connection with, the election.”;

and

(kk) in Rule 147 of the Second Schedule—

(i) there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal voter ballot boxes” in paragraph (c); and

(ii) there were substituted “read in and verification of vote data in cartridges or discs” for “verification of ballot paper accounts” in paragraph (e).