Department for Constitutional AffairsPublications

| Publications | Press notices | Consultation papers | Reports and reviews | Research | Speeches | Annual reports | Legislation | Past legislation | Green papers | White papers | Better regulation | Statistics | Archive

|© Crown Copyright & Disclaimer

Home > Publications > Legislation > Electoral Legislation letter

Electoral Legislation Letter
EPR 6/03


John Sills
Head of Electoral Policy Division
6th Floor Southside
105 Victoria Street
London SW1E 6QT
Email
www.dca.gov.uk

The Acting Returning Officer
Parliamentary Constituencies in
England and Wales

The Returning Officer
Local Government Areas in England and Wales

The Electoral Registration Officer
District and London Boroughs in
England and County or County Boroughs in Wales

The Returning Officers in Scotland

The Electoral Registration Officers in Scotland

18 September 2003

EPR 6/03



Registering citizens of member states of the European Union and accession states. Guidance to Electoral Administrators on exchange of information

1.  Introduction

1.1   Citizens of Member States of the European Union (for convenience, referred to in this guidance from now on as citizens of the EU) and of the 'Accession' States which are expected to join the EU on 1 May 2004 who are resident in the UK can apply to vote in UK European Parliamentary elections. However, these persons are not allowed to vote as well in the same elections in the State of which they are a national (i.e. their Home State), as double voting is not allowed.

1.2   Under new Regulations, Electoral Registration Officers (EROs) are required to notify EU and Accession States of citizens of EU and Accession States who apply to vote in the European Parliamentary elections in the UK.

1.3   This guidance advises EROs on how they should operate the new exchange of information provisions.

2.  Legal Position

2.1    The relevant statutory provisions are:

2.2   Regulation 8 of the above 2001 Regulations, as amended by the 2003 Regulations, provides that as soon as practicable after the registration officer has registered the name of a relevant citizen of the Union or of an Accession State in the register of European Parliamentary electors, he shall send a copy of the application to the person shown as the representative of the State in respect of which the applicant is a national in a direction containing a list of such representatives issued by the Lord Chancellor.

2.3    The 2001 Regulations, as amended, state that the Lord Chancellor shall issue directions identifying the representative for each Member State of the European Union (including Accession States) to whom the information referred to above is to be sent.

2.4   This note constitutes the directions referred to above, and includes a list of representatives for the Member and Accession States.

3.  List of Contacts

3.1   At Annex A, the EU and Accession States are listed. For each State, a representative, postal and e-mail address, and FAX number, is given.

4.   Procedure that EROs should follow

4.1    Form UC1 - Citizens of EU and Accession States resident in the UK who wish to apply to vote in European Parliamentary elections in the UK (i.e. who wish to be added to the register of European Parliamentary electors) must do so in accordance with regulation 6 of the 2001 Regulations (persons are required to make an application and declaration in line with the provisions set out in regulation 6). There is no prescribed form for EU citizens to use for this purpose. However, there is the form 'UC1' for use by EU citizens who wish to apply to vote in European elections. The Electoral Commission has produced a new version of the form UC1 for use by electoral administrators (which can be downloaded from the Electoral Commission's website). There is discretion for EROs to produce a locally produced form, though it is recommended that EROs adopt the form produced by the Electoral Commission and supply this form to any EU citizens who wish to apply to vote in European elections in the UK. Of course, it is also open to any EU citizen to apply to be registered by any other means which conveys the same information and fulfils the requirements specified in regulation 6.

4.2   The UC1 form asks for information about the applicant and also requires the applicant to sign a declaration by which (s)he agrees to exercise his/her rights to vote at European Parliamentary elections only in the UK (and not his/her home country) for as long as his/her name appears on the UK register of electors for the European Parliament. This form constitutes the 'application and declaration' referred to in regulation 8 of the 2001 Regulations as mentioned above.

4.3   Information to be collected - Member and Accession States have agreed, to meet the requirements of the Directive 93/109/EC, that they should provide each other with certain specified details in respect of EU citizens who have registered to vote in the European Parliamentary elections in their EU State of residence which is not their Home State.

4.4    The information that EROs should collect (from the form UC1) and provide to the relevant representative in respect of an elector is as follows:

Surname
Forename(s)
Maiden Name (if given)
Nationality
Locality or constituency in the Home Member State where the person was last registered
Locality where the person is registered in the UK for the elections to the European Parliament in 2004.

4.5    EROs should where possible seek to collect the above information in respect of EU/Accession State electors who apply to vote in the European elections in the UK. It is recognised that it may not be possible to obtain all of the above details in respect of each elector.

4.6    Citizens of the Republic of Ireland, Cyprus and Malta are, as of right, able to vote in all elections in the UK, and are not required to apply to vote in European Parliamentary elections in the UK. EROs will not therefore receive UC1 application forms in respect of these citizens, and therefore the required details for them will not be available. However, should EROs be able to identify citizens of these countries from the annual canvass, or from any applications under 'rolling registration', details of them should also be sent to the contact in the relevant State.

4.7   Format - EROs should send the required information in electronic form either:

by copying the information onto a disk and posting the disk to the contact - for ease of management, a covering letter should accompany the disk to explain the content; or

by e-mail to the relevant contact.

5.  Timing

5.1   The requirement to notify EU States of EU citizens wishing to vote in European Parliamentary elections in the UK arises from regulation 8 of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001, as amended by regulation 5 of the Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003. The amendments to the 2001 Regulations came into force on 9 July 2003 and so the requirement on EROs has taken effect.

5.2   The 2001 Regulations now require EROs to send the information to the relevant contact in the applicant's Home State as soon as practicable after the applicant has been registered in the register of European Parliamentary electors. The interpretation of 'as soon as practicable' is a matter for individual EROs. However, most applications will be made either at the time of the annual canvass or shortly thereafter. EROs will therefore probably wish to wait until their new register is published on or before 1 December 2003 so that they can compile a consolidated list of applicants from each Member/Accession State at that time. Thereafter, information can be sent to the relevant representatives overseas on a monthly basis at the time that monthly updates are published.

5.3  The requirement to notify EU States is an ongoing one though in practice it is likely that significant numbers of applications to vote in the UK elections will only be received in a year when European Parliamentary elections are to take place.

5.4   Should EROs have applications that were received prior to this guidance and dating back to 9 July, it is recommended that details of the applicants are sent to the appropriate representative as soon as possible.

6.  UK Contact

6.1  Electoral administrators in EU and Accession States have been instructed to notify John Winter in the Electoral Policy Division (EPD) of the Department for Constitutional Affairs of any UK citizens resident abroad in an EU/Accession State who apply to vote in European Parliamentary elections in their State of residence. Upon receipt of any notifications, and where it is possible to do so, EPD will pass this information on to the relevant ERO. If the individual is also registered to vote in European Parliamentary elections in that ERO's area, the ERO should take whatever steps, if any, s/he thinks are necessary to ensure that the voter is aware that it is an offence to vote twice in those elections, even if they are voting in different countries.

6.2    If you have any queries about this guidance please contact:

Electoral Policy Division
Department for Constitutional Affairs
6th Floor, Selborne House
54-60 Victoria Street
London SW1E 6QW.

E-mail : Email or Email


Electoral Policy Division moving location, staff and new contact details

Electoral Policy Division - staff and responsibilities

All the staff below will now be located together at 6th Floor Selborne House, 54-60 Victoria Street, London, SW1E 6QW as of 22 Sep 2003


Name Responsibilities Contact details
Head of Division
John Sills
Overall policy on electoral matters for parliamentary elections, referendums and political parties as covered in the PPERA 2000 020 7210 8218
Email
Christine Goode PA to John Sills   020 7210 8220
Email
Head of Referendums & Political Parties Branch
Pauline Prosser
Political Parties, Referendums & Enfranchisement of Gibraltar for EP Elections 020 7210 8232
Email
David Rowland Political Parties, Donations & Funding 020 7210 8231
Email
Beverley Fountain Referendums & Enfranchisement of Gibraltar for EP Elections 020 7210 8239
Email
James Coughlan Political Parties, Referendums & Enfranchisement of Gibraltar for EP Elections 020 7210 8238
Email
Head of Electoral Legislation & Administration Branch
Malcolm Rawlings
Conduct & Franchise of Parliamentary Elections 020 7210 8225
Email
Deputy Head of Branch
Frances Evans
Conduct, Funding & Franchise of Parliamentary Elections 020 7210 8228
Email
John Collins Conduct & Funding 020 7210 8227
Email
Martin Ellis Conduct & Divisional Communications 020 7210 8234
Email
Peter Richardson Franchise, Registration & Absent Voting 020 7210 8226
Email
John Winter Franchise, Registration & Absent Voting 020 7210 8233
Email
Christine Johnston Divisional Support 020 7210 8219
Email
Head of Multi-Channel Elections Branch
Paul Docker
European Pilots Bill, Electronic Register & Multi-Channel Voting 020 7210 8221
Email
Duncan Rutty Pilots Bill, Electronic Register & Multi-Channel Voting 020 7210 8224
Email
Matthew Lewsey Pilots Bill & Multi-Channel Voting 020 7210 8235
Email
Kash Thompson Pilots Bill & Multi-Channel Voting 020 7210 8222
Email
Head of Electoral Reform Branch
Antonia Romeo
Electoral Reform following Electoral Commission's Recommendations 020 7210 8223
Email
Liz Waters Electoral Reform following Electoral Commission's Recommendations 020 7210 8236
Email

Yours sincerely

John Sills
Head of Electoral Policy Division



Annex A

List of contacts in EU and Accession States

1.  Existing EU States


Country Contact details
Austria Elisabeth Kuchelbacher
Bundesministerium fur Inneres
Abteilung V/6
Postfach 100
A-1014 Wien
Austria

E-mail : Email
FAX : 43 153126 2110

Belgium Ingrid Bens
Rijksregister
RAC - Financietoren
Pachecolaan 19 Bus 20
B - 1010 Brussel
Belgium

E mail : Email
FAX: 32 2 210 21 49

Denmark Grete Kongstad
Indenrigs - og Sundhedsministeriet
Slotsholmsgade 10 -12
DK - 1216 Copenhagen K
Denmark

E-mail : Email
FAX : 45 33 92 36 25

Finland Timo Korhonen
Vaestorekisterikeskus
PL 70
FI - 00581 Helsinki
Finland

E Mail : Email
FAX : 358 9 22 91 67 16

France Catherine Beaume
Institut Nationale de la Statistique et des Etudes Economique
18 Boulevard Adolphe Pinard
F - 75675 Paris- Cedex 14
France

E-mail : Email
FAX : 33 1 41 17 62 79

Germany Hartlef Schulte
Datenerfassung fur den Bundeswahlleiter
Statistisches Bundesamt
Zweigstelle Bonn
Postfach 17 03 77
D-53029 Bonn
Germany

E-mail : Email
FAX : 49 0611 75 89 77

Greece Penelope Spanoriga
Ministry of the Interior, Directorate for Elections
2 Evangelistrias Street
Gr 10183 Athens
Greece

E mail : Email
FAX : 30 1 03 24 73 66

Republic of Ireland Nora Rowland
Franchise Section
Department of the Environment and Local Government
Custom House
Dublin 1
Ireland

E-mail : Email
FAX : 353 1 888 26 90

Italy Salvatore Galatioto
Ministero Interno
Dipartimento affari interni e territoriali
Direzione Centrale dei servizi elettorali
Piazza del Viminale, 1
00184 Roma
Italy

E mail : Email
FAX : 39 064 744 194

Luxembourg Patrice Kieffer
Ministere d'Etat
4, rue de la Congregation
L - 1352 Luxembourg

E mail : Email
FAX : 352 461720

Netherlands Dhr. P van de Water
Gemeente Den Haag
Projectbureau verkiezingen
Postbus 12620
NL 2500 DL Den Haag
Netherlands

E mail : Email
FAX : 31 70 3534424

Portugal Domingos Magalhaes
Secretariado Tecnico dos Assuntos para o Processo Eleitoral
Av D Carlos I, 134
P 1249 104 Lisbon
Portugal

E-mail : Email
FAX 351 213909264

Spain Manuel Comesana Carnero
Oficina del Censo Electoral
2 Capitan Haya, 51
E-28071 Madrid
Spain

E-mail : Email
FAX : 34 91 583 46 88

Sweden Michael Patrickson
Valmyndighet
Box 4210
SE 17104 Solna
Sweden

E mail : Email
FAX : 46 8 627 64 40


2.  Accession States

Country Contact details
Cyprus Demetris Demetriou
Ministry of Interior Central Electoral Service
CY - 1453 Nicosia
Cyprus

E-mail : Email
FAX : 357 22 67 84 86

Czech Republic Mgr. Petra Wagnerova
The State Electoral Commission
U Obecniho domu 3
CZ 11220 Praha 1
Czech Republic

E mail : Email
FAX : 42 974 84 62 75

Estonia Arne Koitmae
National Election Committee
Lossi Plats 1 A
1581 Tallinn
Estonia

E-mail : Email
FAX : 372 6316541

Hungary Kovacs Edit
Orszagos Valasztasi Iroda
Budapest Pf 81
HU 1450 Hungary

E-mail : Email
FAX : 36 1 456 65 27

Latvia Mara Jurevska
Central Election Committee
M.Troksnu iela 2
Riga LV -1811
Latvia

E-mail : Email
FAX : 371 708 7100

Lithuania Jurga Augustaityte
Central Electoral Committee
53 Gedimino Avenue
LT 2002 Vilnius
Lithuania

E-mail : Email
FAX : 370 5 239 69 60

Malta Joseph Calleja
Electoral Commission
Evans Building
Pjazza Sant Iermu
Valletta CMR 02
Malta

E-mail : Email
FAX : 356 21 24 84 57

Poland Marian Dziegielewski
State Electoral Commission National Electoral Office
Wiejska 10
PL - 00902 Warsaw
Poland

E-mail : Not available
FAX : 48 22 625 09 67

Slovakia Jana Mogelska
Ministry of Interior
Public Administration Section
Drienova 22
812 72 Bratislava
Slovak Republic

E-mail : Email
FAX : 421 2 43 33 39 31

Slovenia Bojan Trnovsek
Minister of Interior bureau for Administrative Internal Affairs
Beethovnova ulica 3
SI 1000 Ljubljana
Slovenia

E-mail : Email
FAX : 386 1 472 25 81



Return to Electoral Legislation Letters Index

 

 


© Crown Copyright