These frequently asked questions by electoral administrators on the Electoral Administration Act include: voter registration, signatures and absent voting.
If you need further information, go the Electoral Commission website. The Electoral Commission has a statutory duty to provide guidance on the Electoral Administration Act.
Q: What does a later registration date mean in practice?
A: A later registration date allows a person to register up to 11 days before polling day. Previously there was no set date by which a person had to register, however the way the election timetable worked, a person could not register to vote once an election had been called. This could mean a person may not have been able to register up to two months before polling day.
Q: Who can apply for a later registration?
A: Anyone who is entitled to go on an electoral register can apply for a later registration.
Q: What form should be used to by someone wishing to register so close to a poll?
A: The rolling registration form that is sent out by local authorities would usually be the form that is used to register close to a poll.
Q: Do you have to undertake a personal canvass of every householder?
A: The duty in the Act is to take such steps as are necessary to maintain the register. Electoral Registration Officers (EROs) do not have to undertake a personal canvass of every householder, although some do choose to do this and find it effective. The Act states that the ERO must make on one or more occasions house to house inquiries. This could be instigated where a household has failed to reply to a postal canvass and other checks have been exhausted. It could be used as a last resort and in order to comply with legislation it must be undertaken at least once. The new duties as set out in Section 9 of the EA Act effectively formalise what is deemed as best practice in some areas of GB.
Q: From what date should an electoral registration officer (ERO) consider applications for anonymous registration for voters?
A: An ERO can accept and consider an application for anonymous registration from the 1st June 2007
Q: Who can apply for anonymous registration?
A: A person who believes that having their name and address on the register would put them or others in their household's safety at risk.
Q: When can a person apply for anonymous registration?
A: An application for anonymous registration will apply to rolling registration. This means that an application can be made at anytime during the year. Entries will take effect from 1 June 2007.
Q: In my area there is a prison, will all prison staff be eligible to apply for anonymous registration?
A: No, not all prison staff will be eligible for anonymous registration. They will have to meet the criteria that has been set in the regulations to make an application. This can be a relevant order/injunction or an attestation that has been signed by one of the qualifying officers that are named in the regulations.
Q: What kind of evidence is required to donate to a political party if you have an anonymous entry?
A: A person with an anonymous entry is issued with a certificate. This certificate can be used to donate to a political party.
Q: What happens if an objection is made in respect of an anonymous registration?
A: An objection cannot be made to an application for anonymous registration. An anonymous registrant's name and address would not be included on a register so there is no way a person would know if they have registered anonymously to be able to lodge an objection.
Q: Can the ERO make an amendment to the register when there has been a mistake by the elector?
A: Amendments to the register are made when an ERO or returning officer makes a mistake on the register i.e. name spelt incorrectly, nationality incorrect or an accidental omission and it is brought to their attention before 9pm on polling day. An ERO cannot amend a register if an elector turned up on polling day to say they had forgotten to register but would like to vote.
Q: How will the system work in practice?
A: The system will allow a person to be able to request that an error be corrected up until 9pm on the day of the poll. Previously an ERO could not make any amendments after five days from the poll. An ERO is only required to make corrections where he or she is satisfied that an error has been made and he or she has sufficient time to make the amendment. If they are unable to reach a determination they are not required to make a change to the register.
Q: What happens if an error is discovered at 8.55pm?
A: If an ERO has the time to make the amendment before the 9pm deadline then he or she will. The ERO is protected by legislation if he or she is unable to make a determination or correct an error before the deadline.
Q: What is an objection?
A: An objection is where a person has objected to an elector's name and address being on the register.
Q: How will it work in practice?
A: An objection can be made to a name that is going to be entered on or is already on the register. An individual will be able to lodge an objection to a person's registration at anytime up to five days before polling day. If an entry on the register is objected to, investigated and discovered to be invalid, the ERO has the power to immediately remove that person from the register. Depending on the circumstances, it is then at the discretion of the ERO to pursue it further, and if necessary bring a prosecution against the person who has been removed from the register.
Q: Who can make an application for objection?
A: Anyone who is already on an electoral register can make an objection.
Q: What powers do ERO's have to reject an objection?
A: ERO's can reject an objection if they are of the opinion that the objector is not entitled to object. They can send a notice to the objector giving the reason he has not allowed the objection. These reasons could be that the matter has been concluded by the decision of a court, or the particulars given in the application or objection do not entitle the applicant or objector to succeed.
Q: What happens if an objector objects to an application that has been allowed but the register has not been altered yet?
A: If a registration officer can make a decision about the objection, and allows it, the application will be treated as not allowed. If the registration officer is unable to make a decision the objection will be treated as if it was made after the person had been entered on the register.
Q: Do voters have to provide a signature to obtain a ballot paper?
A: Following concerns raised during recent Electoral Commission seminars the Government has decided not to commence at the May 2007 elections the requirement for electors to supply a signature before receiving a ballot paper. This is due to uncertainty over the appropriate sanctions should an elector refuse to sign. The corresponding number list (CNL), form L2, for use at a polling station will now only contain two columns, one for the ballot paper number and one for the elector number. This change will be made in amendment Regulations we plan to bring forward in early 2007.
Q: What is the corresponding number list (CNL)?
A: Under the revised Parliamentary Elections Rules (PER), the returning officer will be required to prepare a list containing the ballot paper number and the unique identifying marks of all the ballot papers to be used by him or her at that election. This includes postal ballots papers issued to postal voter/postal proxy voters and ballot papers issued at polling stations.
Returning will also be required to provide a separate CNL (L2) for those ballot papers issued by the presiding officer at the polling station on the day of the poll - this CNL contains the ballot paper number but not the unique identifying marks. The elector number will be marked beside the ballot paper to be issued to the elector. However, we will not be commencing the requirement for electors to sign the CNL, as mentioned before.
Counterfoils will no longer be used on ballot papers at elections from 3 May 2007.
Q: What is the purpose of the unique identifying mark (UIM) and security marks on ballot papers and what form should they take?
A: We have been discussing this with the Electoral Commission, who have a key role in issuing guidance, and appropriate guidance will be issued to clarify the position.
Q: For combined elections should there be more than one CNL?
A: At combined elections the intention is to have one CNL (form M2) to record the elector number against all the ballot papers issued.
Q: How often should signatures be obtained for absent voters?
A: There is a requirement for long term absent voters to provide the electoral registration officer (ERO) with a fresh signature every 5 years. EROs will be required every year by 31 January to write out to all absent voters whose signature held on the personal identifiers record is more than five years old. Also, absent voters may on a voluntary basis provide a fresh signature at any time, should their circumstances change.
Q: When can a tendered ballot paper be issued?
A: A tendered ballot paper in respect of a postal vote that has been lost or not received, may only be issued at the polling station after 5pm on the day of poll (a tendered vote is not available in respect of spoilt postal ballot papers). Up until 5pm on polling day, a postal voter may be issued with a new set of postal ballot papers if he has spoilt, lost or not received the original papers. The polling officer should advise an elector who has lost or spoilt their postal vote, if there is sufficient time, to apply for a replacement set of papers from the Town Hall/electoral services office. There is also the issue of checking to see if the ‘lost’ ballot paper has been received and, if necessary, to retrieve and cancel the original postal ballot paper. This may involve retrieving the original ballot paper from the relevant postal voters’ ballot box or postal ballot box.
Q: When should the waiver provision be applied for postal or proxy postal voters?
A: In order for a waiver to be granted, the application should provide reasons for the request for a waiver, and the name and address of any person who has assisted the applicant to complete the application (in practice, we expect that the person who has assisted the applicant to complete the application form will state the reason why the applicant cannot provide a signature). Returning officer will need to keep a list of the electors they have granted a waiver to, as in such cases at an election the signature box on the postal voting statement need not be printed.
Q: Why was service voters’ registration not extended to five years?
A: Following consultation between the Electoral Commission and the Ministry of Defence was decided that 3 years was the most appropriate period, as this is the minimum length of time that new service personnel must remain in the forces.