Professional Documents
Culture Documents
registration in Great
Britain
Guidance for Electoral Registration
Officers
2 Legislation
4 Budgets
Budget timetable
Staff costs
Overheads
Information technology
Canvassers fees
Temporary office staff
Printing and stationery
Publicity
Education and training
Postage
Equipment
Books, statutes and reports
Additional sources of funding
6 Resources
Contact details for ordering Electoral Commission forms and
leaflets
Contents
2 Entitlement to vote
3 Relevant date
4 Qualifying address
Residence
Person working away from home
Students
Person on holiday
Guests
Second homes
Merchant seamen
Travellers
Narrow boats and other movable residences
6 Nationality
General provisions
Dual citizens
British citizens
Commonwealth citizens
European Union citizens
8 Age
Attainers
Jury service and the over 70s
Contents
3 Information from other sources
Inspection of other council records
Electoral Registration Officers entitlement to request
information
Making contact by other means
Retaining entries in the register
Opt out and the carry forward
5 Conclusion of canvass
Publication of register
RPF29
Performance standards returns
Supply of the full register
Retention of registration forms
The 11 day rule and the annual canvass
Register to be used for elections in December
6 Further resources
Opt out leaflets
Annual canvass resources
4 Notice of alteration
Computation of time
Alteration notices
Pending elections
5 Objections
Form of objection
Determining an objection
Hearings
Contents
6 Reviewing entitlement to be registered
List of reviews
Types of review
7 Hearings
Application hearings
Objection hearings
Review hearings
Appeals
8 References
Quick reference sheet: lists of applications and objections
Flowcharts for objections and reviews
4 Integrity
Suspicious forms
Objections and reviews
2 Overseas electors
Who may register?
Contents of application
Checking an application
The 15-year period
Processing of applications
Inclusion on the register
Renewal of declarations
Methods of voting
Maintenance of records
Contents
3 HM Forces service voters
Introduction
Members of HM Forces
Entitlement to register
Validity of service declarations
Contents of service declarations
Processing of declarations
Renewal of service declarations
Inclusion on the register
Maintenance of records
Methods of voting
6 Anonymous registration
Introduction
Requirements for anonymous registration
Processing of applications
Types of documents and attestation
Inclusion on the register and records of anonymous electors
Methods of voting
Miscellaneous provisions concerning anonymous electors
Data collection
Contents
Part G Absent voting
1 Applications
Eligibility
Content and supply of forms
Receipt of applications
Processing absent vote applications
Appeals
Maintenance of the absent voting record
Storage of absent vote applications
4 Proxy voting
Proxy applications for a definite or indefinite period
Proxy applications for a particular election
Applying to vote by proxy
Attestation
Qualifications for acting as proxy
Acknowledging proxy and postal proxy applications
Voting by post as proxy
Changing or cancelling proxy arrangements
Proxies for medical emergencies
Enquiries
5 Postal voting
Applying to vote by post
Advising applicants of the outcome of postal vote
applications
Redirection of postal ballot papers
Name changes
Changes or cancellation of postal voting arrangements
6 Waivers
9 Integrity issues
Postal voting, houses in multiple occupation and other
multi-occupation establishments
Contents
10 Resources
Instructions to temporary staff involved in the receipt and
checking of absent vote application forms
2 Publication
The full register of electors
The edited register of electors
3 Inspection
The full register of electors
The edited register of electors
Inspection of marked registers and marked absent voter lists
7 Data protection
Data Protection Act 1998
Supply of registration and absent vote applications
Issues relating to registration data
8 Resources
Contents
Part I Accessibility and participation
1 Making registration accessible
Introduction
Legislative background
Disabled electors
Electors from minority ethnic communities and speakers of
languages other than English or Welsh
Call management centres
Designing electoral forms
Writing for the web
Contents
Key
i Highlights important administrative
and good practice issues
a
Provides links to other parts of the
guidance and to other materials and
reference sources
2 Legislation
4 Budgets
Budget timetable
Staff costs
Overheads
Information technology
Canvassers fees
Temporary office staff
Printing and stationery
Publicity
Education and training
Postage
Equipment
Books, statutes and reports
Additional sources of funding
6 Resources
Contact details for ordering Electoral Commission forms and
leaflets
1 Introduction
1.1 The purpose of this guidance is to assist Electoral Registration Officers
with particular points of practice and procedure in relation to electoral
registration. It also covers applications for absent voting, as the Electoral
Registration Officer has a duty to process these and must keep a record of all
those applications which have been granted.
1.3 No expression of views on the part of the Commission can alter the
application of any legislation to any particular case, or substitute any
authoritative judicial interpretation of it. The Commissions role is to offer
general assistance only, and it must be for Electoral Registration Officers and
their own legal advisers to reach conclusions based on the details of any
particular case. This guidance should not be relied on as legally definitive and
the Electoral Commission cannot accept any responsibility for any errors or
omissions, or any act arising from them.
1.5 This manual only covers electoral registration in England, Scotland and
Wales. It does not cover electoral registration in Northern Ireland.
2.2 The guidance should be read in conjunction with the legislation referred
to in Table 1 above, any legislation cited in the main body of the manual and
any other legislation to which electoral legislation may refer e.g. the RPA
1983 has within it a reference to the Postal Services Act 2000 in relation to the
definition of universal service provider.
e
In England, the council of every district and London borough is
required to appoint an officer of the council to be the Electoral
Registration Officer. In the City of London, the Common Council must
appoint an officer as the Electoral Registration Officer.
w
In Wales, the appointment of the Electoral Registration Officer is made
by the county or county borough council. The person appointed must
be a current officer of the council.
s
In Scotland, the Electoral Registration Officer must be appointed by
the local authority. The person appointed must either be an officer of
that council or an adjoining council, or an officer appointed by a
combination of local authorities.
3.4 For the purposes of maintaining the electoral register, the Electoral
Registration Officer has a statutory duty to conduct an annual canvass 5 and to
maintain the register throughout the year by way of the rolling registration
1
The appointment of the Electoral Registration Officer is described in Section 8, RPA 1983.
2
Section 9, RPA 1983.
3
Regulation 5(2), European (Franchise) Regulations 2001.
4
Section 3(7), RPA 1985.
5
Section 10(1), RPA 1983.
3.5 The Electoral Registration Officer must also produce an edited version of
the register. The edited register contains only the names of those on the full
register who have not taken the decision to opt out of their details appearing
on the edited register. 7 The edited version of the register is produced
whenever the full register is revised.
3.6 While the edited register is available for general sale, the full register is
only available for public inspection under supervision and its supply and sale
is limited to certain persons and organisations.
A
Further information on the inspection, sale and supply of the electoral
register can be found in Part H, Access and supply.
3.8 The Electoral Registration Officer must also ensure that all staff involved
in registration are fully trained in the relevant aspects of the registration
process. 10 Careful consideration should be paid to what part of the process
staff are allocated to, and their training should be managed accordingly; for
example, if staff have access to the full electoral register, they should be
made aware of the penalty for misuse of that data. Appropriate training on the
electoral registration software is essential for all who will be required to use it.
Additionally, the Electoral Registration Officer should ensure that office staff
dealing directly with the public, and those working at any contact centres or
call management centres, are trained to identify non-standard questions and
to refer these to qualified staff. Any staff undertaking electoral registration
work do so on behalf of the Electoral Registration Officer and must follow
whatever instruction is given by them for answering questions and dealing
with enquiries.
6
Section 13A, RPA 1983.
7
Regulation 93, RPR 2001.
8
Section 54, RPA 1983.
9
Section 52, RPA 1983.
10
Section 9A(2)(e), RPA 1983.
Council staff
3.12 Many council staff may be involved in the registration of electors: for
example, during the canvass period council frontline staff may be asked to
help complete canvass forms; indeed those providing personal care may be
able to assist where the resident would otherwise have been unable to
complete the form.
3.13 The Electoral Registration Officer may therefore find it useful to prepare
a guidance note for any such staff on the basics of electoral registration and
the correct way of helping a resident complete their registration form.
11
Section 63, RPA 1983. The fine is currently a maximum of 5,000.
12
Throughout this manual, all references made to Deputy Electoral Registration Officer
should be read as Depute in respect of Scotland.
13
Section 52(2), RPA 1983.
14
Section 52(4), RPA 1983.
15
Section 52(3), RPA 1983.
Temporary staff
3.15 Levels of workload within the electoral registration office can vary
throughout the year, generally peaking in the canvass and election periods. In
many cases, these busy periods require temporary staff and canvassers to
assist the normal office staff.
A
Part C, The annual canvass, contains guidance specific to working
with canvassers, who will often be temporary staff.
3.17 With applications for registration allowed up until 11 working days before
an election, the workload of the electoral registration office may be particularly
high in the lead-up to an election. In this period, the employment and training
of temporary staff may become a necessary expense in addition to normal
registration costs, and planning for this should be made in advance.
External dependencies
Contractors
3.18 When contracting printing, electoral software or any other function, it
should be made clear to suppliers that the registration of electors has to be
carried out in accordance with electoral legislation. The responsibility for
complying with legislation, however, remains with the Electoral Registration
Officer at all times and does not transfer in any way to the contractor.
Printers
3.19 The printing of electoral registration and canvass forms will often be
undertaken by professional printers, who may be either an internal department
of the council or a private contractor.
3.20 It is essential that there is a formal, written contract or agreement for any
work undertaken by contractors. Local authorities have formal procedures for
procurement and the letting of contracts which Electoral Registration Officers
may be able to adopt. There will also be experienced managers within the
appointing council whose expertise can be used to ensure that appropriate
3.21 Any contract with a contractor should contain specific provisions relating
to security of the data provided by the Electoral Registration Officer. The
contract should be such that these provisions also cover any subcontractors
used to deliver the work. Information pre-printed on canvass forms is taken
from the full register and so the contractor should be made aware of the
penalties for using the data for anything other than the contracted work.
3.23 The Electoral Registration Officer must remain in control of the process
and take steps to ensure that any company contracted to do work does not
make any decisions without their authorisation. Any variations from the agreed
specification could result in a breach of legislation and, potentially, a breach of
duty.
3.26 If it is difficult to find a suitable printer, then the British Printing Industry
Federation or the Scottish Print Employers Federation may be contacted for
assistance:
3.28 As the responsibility for complying with electoral legislation rests with the
Electoral Registration Officer, they should ensure that their chosen system is
able to meet all the legislative requirements regarding the registration of
electors.
S
In Scotland, if the Electoral Registration Officer is acting on behalf of
more than one local authority, each local authority must contribute to
the registration budget.
4.2 Expenditure will fall into two main categories: funding the annual
canvass; and funding the year-round registration process, known as rolling
registration. The expenses of registration must be properly accounted for by
the Electoral Registration Officer and then paid by the council, 16 which is in
contrast to the provision of adequate staffing resource in order to assist the
Electoral Registration Officer, which is a direct duty of the council. 17
4.4 As part of the planning process, the Electoral Registration Officer will
need to consider what budget they require in order to carry out their statutory
functions. The Electoral Registration Officer will need to ensure that they have
sufficient resources in place in order to be able to organise their annual
canvass process in such a way to ensure that they are prepared for the
potential of there being an election during the canvass period.
Budget timetable
4.7 Council timetables for budget setting can vary but will generally
commence in September or October each year with the preparation of
working sheets and draft estimates. Care should be taken in order to ensure
the accurate calculation of estimated costs. Any bids for additional funding will
need to be fully justified.
16
Section 54, RPA 1983.
17
Section 52(4), RPA 1983.
Staff costs
4.9 Most local authorities have some form of time sheet or time recording
mechanism which can be used to assess the time spent by staff on electoral
registration duties, and subsequently to calculate staffing costs. In preparing a
budget, an estimated assessment of staffing requirements needs to be made.
Most computerised budgetary systems produce monthly updates which allow
figures to be revised and provide more accurate estimates at intervals
throughout the budget year.
Overheads
4.10 Overheads, sometimes termed central costs or on costs, cover costs
that are difficult to allocate in any way other than as an amount split
proportionally between sections or persons. Overheads can include such
things as office accommodation, fixed furnishings, insurance and security
arrangements.
Information technology
4.12 Maintenance costs, licences and such like will depend upon the amount
and types of IT equipment used: computers (hardware and software),
scanners, printers, photocopiers, telephones and fax machines all need to be
taken into consideration. Provision should also be made for the supply of
consumable items such as printer cartridges, CDs and DVDs.
4.13 Computer hardware costs and internal support staff from the councils
computer section are often outside the control of individual sections. Where
they are provided on a corporate basis, costs may be allocated as overheads.
Canvassers fees
4.14 Payments to canvassers will depend on the canvass method used and
the role canvassers are asked to undertake. Some canvassers will both
deliver and enquire on non-returned forms whereas others will only do the
latter, and indeed some will be employed to do only the former. It will be
necessary to ensure that adequate funds are allocated to cover canvassers
fees.
A
More detailed consideration of how canvassers could be remunerated
can be found in Part C, The annual canvass.
Publicity
4.17 Section 69 of the EAA imposes a duty on Electoral Registration Officers
to encourage electoral participation. Electoral Registration Officers must have
regard to any guidance issued by the Commission on this matter. 18
18
Section 69(2), EAA.
Postage
4.22 In addition to the cost of day-to-day postal requirements, the electoral
registration budget needs to take into account postage costs specifically
associated with registration and absent vote applications. In local authorities
where some form of postal canvass is used for delivering electoral registration
forms, provision will need to be made for this cost. In the past, bulk postage
discounts could be negotiated with Royal Mail, often taking into account the
councils whole postage costs, but it is now generally necessary to Walksort
mail in order to obtain any discount. Other Royal Mail services that may be
considered are the use of business reply or freepost envelopes. It may also be
pertinent to consider the prices of alternative delivery providers in order to
determine whether any savings can be made.
Equipment
4.23 Costs to be considered may include equipment such as bar code
readers and scanners used in the office and items such as identity cards and
other kit used by canvassers, e.g. shoulder bags.
I
Electoral Commission guidance materials are available free of charge,
downloadable from the Commissions website. Additionally, Electoral
Registration Officers can sign up to receive the Commissions circulars
and alerts, which are used to send out further information and guidance.
Any amendments made to this manual in future will be notified via circulars,
with the relevant sections being made available for downloading, printing off
and insertion into the manual, and will not be issued as hard copies.
Any Electoral Registration Officer who does not already receive the
Commissions circulars should email extra@electoralcommission.org.uk to be
added to the mailing list.
19
Neither of these volumes covers Scottish electoral law. Although not updated to reflect all
recent legislative changes, the closest equivalent for Scotland would be The Laws of
Scotland: Stair Memorial Encyclopaedia, Volume 15.
s
In Scotland, funding is provided to local authorities via their Grant
Aided Expenditure, which is intended to be used to meet their
responsibilities arising out of the EAA.
A
Further information regarding the sale of the electoral register can be
found in Part H, Access and supply.
4.29 While there is only a small number of organisations that may purchase
the full electoral register, any company or individual may purchase the edited
register or particular sections of it, for example specific wards.
4.30 There is no express right for council departments that are entitled to
receive a copy of the register to receive it free of charge from the Electoral
Registration Officer. In some instances it may be appropriate to seek a
recharge of the material cost and perhaps also a reimbursement for staff time.
Statutory functions
5.2 The Electoral Commission has a number of statutory functions and
powers in relation to electoral registration, which are set out in PPERA. These
include:
Performance standards
5.3 Sections 9A to 9C of PPERA allow the Commission to set and monitor
performance standards for Electoral Registration Officers, Returning Officers
and referendum Counting Officers and to collect information on the costs of
electoral services. The Commission will introduce a performance standards
framework for electoral registration by the summer of 2008 and will expect the
first reports against this framework from Electoral Registration Officers
following the 2008 annual canvass.
Provision of advice
5.4 Section 10 of PPERA allows the Commission to provide advice and
assistance to Electoral Registration Officers, Returning Officers and registered
political parties. The Commission cannot, however, give a definitive legal view
on any subject as this is ultimately a matter for a court to decide in any
particular case.
20
Sections 9A to 9C, PPERA, as inserted by Section 67, EAA.
21
Section 6B, PPERA, as inserted by Section 29, EAA.
22
Section 13, PPERA.
23
Section 10, PPERA.
24
Section 7, PPERA.
Devolved offices
Scotland
David Freeland
Telephone: 0131 225 0208
Email: dfreeland@electoralcommission.org.uk
Wales
Joanne Nelson
Telephone: 029 2034 6803
E-mail: jnelson@electoralcommission.org.uk
James Steele
Telephone: 020 7271 0600
Email: jsteele@electoralcommission.org.uk
London Office
Peter Dawson
Telephone: 0207 271 0689
Email: pdawson@electoralcommission.org.uk
Midlands Office
East Midlands and West Midlands
Gail Emmerson
Telephone: 02476 820 086
Email: gemmerson@electoralcommission.org.uk
North West
Sandra Hardy
Telephone: 01904 567 993
Email: shardy@electoralcommission.org.uk
Richard Jordan
Senior Practice Adviser Integrity
Tel: 020 7271 0562
Tom Hawthorn
Head of Electoral Policy
Tel: 020 7271 0712
A
More information on the Electoral Commission can be found at
www.electoralcommission.org.uk.
Ministry of Justice
5.7 The Ministry of Justice (MoJ) is the central government department with
responsibility for the legislative framework for UK and European Parliamentary
elections and national referendums, including franchise, conduct and funding,
and also for the appointment of Regional Returning Officers at European
Parliamentary elections.
5.8 Additionally, the MoJ has responsibility for policy on the conduct of local
government elections and mayoral and local government referendums in
England and Wales, and has responsibility for all issues covered by PPERA.
These include generic issues associated with national and regional
referendums, the registration of political parties, rules on donations to political
parties and third-party donations.
5.9 The Electoral Policy Division is the part of the MoJ with responsibility for
issues concerning franchise, registration and the conduct of elections. The
division currently has five branches: the Franchise, Boundaries and Conduct
branch; the Electoral Registration and Implementation branch; the Electoral
Modernisation branch; the Political Parties and Referendums branch; and the
Democratic Engagement branch.
A
More information on the MoJ can be found at www.justice.gov.uk.
A
More information on the Office of the Secretary of State for Wales can
be found at www.walesoffice.gov.uk.
Scotland Office
5.11 The Scotland Office has responsibility for legislation governing the
conduct of elections to the Scottish Parliament. This includes responsibility for
legislation relating to absent voting at these elections.
A
More information on the Scotland Office can be found at
www.scotlandoffice.gov.uk.
Scottish Government
5.12 While councils themselves are responsible for organising and conducting
local government elections in Scotland, Scottish Ministers are responsible for
policy on local government elections and the legislation relating to their
conduct. This includes legislation relating to absent voting at these elections.
A
More information on the Scottish Government can be found at
www.scotland.gov.uk.
A
Throughout this guidance we refer to forms and leaflets produced by
the Commission and available from our distributor:
For a complete, up-to-date listing of all the forms and leaflets available for
order, please refer to the public awareness materials on the Commissions
website at www.electoralcommission.org.uk.
2 Entitlement to vote
3 Relevant date
4 Qualifying address
Residence
Person working away from home
Students
Person on holiday
Guests
Second homes
Merchant seamen
Travellers
Narrow boats and other movable residences
6 Nationality
General provisions
Dual citizens
British citizens
Commonwealth citizens
European Union citizens
8 Age
Attainers
Jury service and the over 70s
1 Introduction
1.1 The entitlement to be registered to vote is subject to meeting certain
age, nationality and residence criteria and not having a legal incapacity to
register. The franchise sets out who is entitled to vote at particular elections,
which can be defined as those who meet the criteria for registration and have
completed the registration process.
1.4 The franchise for elections to the National Assembly for Wales and the
Scottish Parliament is the same as that for local government elections. All
references to local government franchise or registers throughout this manual
should therefore be read as references to the National Assembly for Wales
and Scottish Parliamentary franchise and registers as appropriate.
1
Section 4(1), (4), (5) and (6), RPA 1983.
2
Section 4(3), (4), (5) and (6), RPA 1983.
2.3 The full register must contain the names of persons appearing to the
Electoral Registration Officer to be eligible to register in respect of UK
Parliamentary and/or local government elections, their qualifying address and
their elector number. 7
a
Some special category electors must be entered on the register
without their qualifying address or without their name and qualifying
address. Further information on such electors can be found in Part F,
Special category electors.
2.4 The names of electors who have a restricted entitlement to vote must be
prefixed in the register by certain letters. 8 These prefixes are as follows:
E indicates that the elector is an overseas elector who is also a peer and
is only entitled to vote at European Parliamentary elections.
3
Section 9, RPA 1983.
4
Regulation 5(2), European (Franchise) Regulations 2001.
5
Section 3(7), RPA 1985.
6
Section 9(5), RPA 1983; Section 3(7), RPA 1985; Regulation 5(3), European (Franchise)
Regulations 2001.
7
Section 9(2), RPA 1983.
8
Regulation 42, RPR 2001.
2.5 A person is not entitled to vote unless their name is included on the
register of electors to be used for an election, even if they would otherwise
qualify to vote. 10
2.8 The entitlement to vote in any referendum under PPERA will be set out
in the enabling legislation for the referendum.
2.10 An elector who satisfies the residence and other registration conditions
can, however, vote at elections to two different local authorities as these are
two distinctly separate bodies of elected representatives.
2.11 Additionally, an elector may vote more than once at an election where
they have been appointed as a proxy to vote on behalf of another elector, in
which case they may cast their own vote and that of the elector for whom they
have been appointed as proxy. A person can vote as proxy for up to two
people of whom they are not a close relative at one election. A close relative
in this case is a spouse, civil partner, parent, grandparent, brother, sister, child
or grandchild. There is no limit to the number of close relatives for which a
person can act as proxy. It is not an offence to be appointed as proxy for more
than two people who are not close relatives: an offence is only committed
where that person then proceeds to vote as proxy for more than two people
who are not close relatives at the same election.
a
Further information on proxy voting can be found in Part G, Absent
voting.
19
Regulation 3(2), European (Franchise) Regulations 2001; Section 9, EPE Act 2002.
20
Section 11(2), Scotland Act 1998; Section 12(2), GWA; Section 4(1), Greater London
Authority Act 1999.
21
Section 2(2), RPA 1983.
3.5 Any canvass form returned between the notice of election and the
eleventh day before the date of the poll has a relevant date of the day it is
received by the Electoral Registration Officer. These applications, once
successfully determined, can then be used to add names to the notice of
alteration published on the fifth day before the poll.
3.6 Any canvass form returned on or after the tenth day before the date of
the poll cannot be used to add names to the register for use at that election
and so should be determined based on the relevant date of 15 October and
added to the revised register at the conclusion of the canvass.
a
Further information on the annual canvass can be found in Part C, The
annual canvass.
a
Further information on the rolling registration process and on special
category electors can be found in Part D, Monthly alterations to the
register and Part F, Special category electors.
22
Section 10(2), RPA 1983.
23
Section 4(6), RPA 1983.
Residence
4.2 Residence in the constituency or electoral area is central to the
entitlement to be registered to vote there.
4.3 A person must be resident at the address in respect of which they are
seeking to be registered on the relevant date. 25 Being resident does not,
however, require actual occupation and so the applicant does not need to be
physically present at the address on the relevant date.
a
Certain categories of electors, including service voters, anonymous
electors and overseas electors, have special provisions entitling them
to register despite not meeting the residence requirement. On
submission of the relevant declaration together with their application to
register to vote, such electors will be deemed to meet the residence
requirement. Further information on these types of elector and the process by
which they can register can be found in Part F, Special category electors.
i
In the case of Hipperson v. Newbury (1985) 26 the court established
that unlawful occupation of grounds or a dwelling does not disqualify a
person from registering there if it is determined that this is their
permanent residence. Consequently, any issue regarding tenancy, ownership
or legal occupation of the property by the applicant must be disregarded in
determining whether or not the residence requirement has been met.
24
Section 9(8), RPA 1983.
25
Section 4, RPA 1983.
26
Hipperson and others v. Electoral Registration Officer for the District of Newbury and
another (1985) 2 All ER (CA).
27
Section 5(2), RPA 1983.
Students
4.9 Any student away from an address due to attendance on a course
provided by an educational institution can be treated as though they were
undertaking an office, service or employment and so their residence can be
determined on the same basis as for persons working away from home as
described above. 29
4.10 Students often live at two different addresses, one during term time and
one during the holidays. Students may be entitled to register in respect of both
addresses where they are considered to have their home at both places.
a
More detailed consideration of those with more than one address can
be found under Second homes, below.
Person on holiday
4.11 Going away on holiday does not affect a persons residence
qualification for electoral registration purposes as long as the person intends
to return to their permanent address after their time away.
28
Section 5(3), RPA 1983.
29
Section 5(5), RPA 1983.
Second homes
4.13 It is possible to be registered to vote at a second home, subject to
certain conditions. Two leading English legal cases, Fox v. Stirk and Ricketts
v. Cambridge, 31 primarily focused on student registration but can also be
applied to those with second homes. These cases set out the following three
principles:
4.16 As the cases of Fox v. Stirk and Ricketts v. Cambridge took place in
English courts, they are not directly applicable in Scotland, although they may
be considered as persuasive by a Scottish court.
4.17 There are, however, two pertinent cases under Scottish law, which
although not directly applicable in England may be considered as persuasive
by an English court. In Scott v. Phillips, 32 where an appeal to be registered at
a second home was refused, the decision distinguished between a
substantive home and a home which was incidental to the substantive home.
Consideration was given, in general terms, to where the main business of life
30
Section 5(2), RPA 1983.
31
Fox v. Stirk and Ricketts v. Registration Officer for the City of Cambridge [1970] 3 All ER 7.
32
Scott v. Phillips 1974 SLT 32.
4.19 It should be noted that all of the court decisions highlighted above were
based on the legislation in force at the time and also took place prior to the
introduction of the rolling registration process. It may take a new test case to
examine the current legislation fully.
Merchant seamen
4.21 Merchant seamen who are not resident in the UK but who would be but
for the nature of their employment are entitled to be treated as resident at
either an address at which they would normally be resident but for their
occupation, or at a hostel or club which provides accommodation for merchant
seamen and at which they would commonly stay in the course of their
occupation. 34
Travellers
4.22 By their nature, members of travelling communities will not normally
have an address at which they could be considered resident, although some
may settle for a period of time at sites designated by the local authority.
4.24 Other council officers will have responsibility for maintaining any sites for
travelling people and also for ensuring that appropriate education is provided
for the children of travellers. Such officers may be able to assist Electoral
Registration Officers in assessing the situation of travellers in the local area
and help to facilitate the registration of any travellers who are entitled to be
registered.
4.26 When a person lives on a boat or other similar residence that is not fixed
to a particular place, that person cannot be treated as being resident at any
particular address. Any such person will, however, be able to register by way
of a declaration of local connection. 35
a
Part F, Special category electors describes the process for
declarations of local connection.
35
Section 7B, RPA 1983.
36
Section 4, RPA 1983.
37
In 2005, the European Court of Human Rights held that the disenfranchisement of
prisoners in the UK was incompatible with the Human Rights Act. Although the UK
Government has carried out a consultation on this issue, at the time of writing there has been
no change to the law regarding this.
38
Section 3, RPA 1983.
39
That is, offences under Sections 60 and 62A, RPA 1983.
40
Section 173(1), (2) and (3), RPA 1983.
41
That is, offences under Section 61, RPA 1983.
42
Section 173(1), (2) and (3), RPA 1983.
a
Part F, Special category electors describes the process for
declarations of local connection.
Learning difficulty
5.4 People with learning difficulties should receive information or other forms
of support, if requested, to assist them with their application to register or to
enable them to find out more about the electoral system.
a
Part I, Accessibility and participation gives more information on
possible ways to assist electors with the registration process and
considers possible approaches to providing the necessary information
and support.
Voluntary patients
5.6 A voluntary patient (also known as an informal patient) is a patient in a
mental hospital who is not detained there. If the length of their stay at the
hospital is, or is likely to be, sufficient they may be regarded as resident at the
43
Section 5(6), RPA 1983.
44
Section 7, RPA 1983.
45
Section 7A(2), RPA 1983.
46
Section 7B, RPA 1983.
47
Section 73 of the EAA abolished any common law rules regarding the incapacity of a
person to vote because of their mental state.
5.8 If the length of their stay at the hospital is, or is likely to be, sufficient
they may be regarded as resident at the hospital for the purposes of their
entitlement to register. 49 Such patients may also register by means of their
residence at some place other than the hospital. A patient who is not qualified
by virtue of residence at any place other than the hospital may choose to
register by means of a declaration of local connection in respect of the
address where they would be living if they were not a patient or an address
where they used to live before they were a patient.
Voting rights
5.10 While electors with any level or no level of mental capacity may be
registered to vote, the decision as to whether and how to vote at an election
must be made by the elector themselves and not by any other person on their
behalf. Those who may be the carer of a person or who otherwise make
decisions on behalf of a person may not make decisions on voting. The
Commission considers that a person must have mental capacity to appoint or
to continue to have a proxy, as that can be taken to be a decision on voting.
Power of attorney
5.11 A lasting or enduring power of attorney is a process by which decisions
on financial and certain other affairs can be made by others. No type of power
of attorney has any power in connection with voting rights. 50 Any application
or declaration which requires a signature from the applicant but which is
signed by a person with a power of attorney must be rejected.
48
Section 7(2), RPA 1983.
49
Section 7(2), RPA 1983.
50
Section 29, Mental Capacity Act 2005.
UK Parliamentary elections
6.3 All British, Republic of Ireland and qualifying Commonwealth citizens 51
meet the nationality requirement to vote in UK Parliamentary elections, and so
can be included in the Parliamentary register of electors assuming that all of
the other registration criteria are also met.
51
Section 4(6) of the RPA 1983 defines qualifying Commonwealth citizen.
52
Regulation 6(2)(d), European (Franchise) Regulations 2001.
53
Regulation 24, RPR 2001.
54
Regulation 23, RPR 2001.
Dual citizens
6.7 Some applicants may have more than one nationality. If an Electoral
Registration Officer receives information from an applicant demonstrating that
they have two or more nationalities, the application should be processed in
accordance with the nationality that provides the higher level of franchise; for
example, an application stating that the applicant is a dual German and British
citizen should be registered as a British citizen, as this gives them the wider
franchise.
British citizens
6.9 British citizens fulfil the nationality criteria for registration in respect of all
elections in the UK.
6.11 Birth in the UK does not automatically confer British citizenship either.
Children born after 1 January 1983 are only British citizens if either their father
or their mother is also British or, if both parents are foreign nationals, they are
legally settled in the UK. 56
Citizenship ceremonies
6.12 Citizenship ceremonies are the final stage of attaining British citizenship.
These events are good opportunities to ensure that new residents are
correctly registered. Some residents may already be registered due to their
previous nationality but may need to apply to register for UK Parliamentary
elections where they are registered for local government elections only.
Citizenship is conferred at the ceremony itself so an invitation to a citizenship
ceremony is not in itself proof of citizenship.
55
British Nationality Act 1948.
56
Section 1, British Nationality Act 1981.
Commonwealth citizens
Entitlement to vote
6.14 Qualifying Commonwealth citizens are entitled to register as
Parliamentary and as local government electors provided that they also fulfil
the age and residence requirements for such registration and are not subject
to any other legal incapacity.57
6.17 Qualifying citizens of the following countries meet the nationality criteria
to register in respect of all elections.
57
Section 4(1)(c) and (3)(c), RPA 1983.
58
Section 4(6), RPA 1983.
*Although also EU member states, citizens of Cyprus and Malta are eligible to
be registered to vote in respect of all elections held in the UK.
Note: Citizens of the above countries retain their voting rights even if their
country is suspended or expelled from the Commonwealth organisation.
Anguilla Montserrat
Bermuda Pitcairn Island
British Antarctic Territory St Helena
British Indian Ocean Territory St Helena dependencies
British Virgin Islands (Ascension Island and Tristan da Cunha)
Cayman Islands South Georgia and the South Sandwich Islands
Falkland Islands Sovereign base areas on Cyprus
Gibraltar Turks and Caicos Islands
6.20 Citizens of Gibraltar who are resident in Gibraltar are entitled to register
to vote at European Parliamentary elections in the South West region. This is
administered by the European Electoral Registration Officer for Gibraltar.60
59
British Nationality Act 1981.
60
Sections 14 to 17, European Parliament (Representation) Act 2003.
Hong Kong
6.23 Following its transfer to Chinese sovereignty on 1 July 1997, Hong Kong
was deleted from the list of British Overseas Territories.61 As a result, former
residents of Hong Kong are not qualifying Commonwealth citizens by virtue of
their residency in Hong Kong as Hong Kong Chinese is no longer a
nationality.
6.24 If an elector declares their nationality to be Hong Kong Chinese then the
Electoral Registration Officer should exercise their powers to require evidence
of the electors actual nationality and confirm the type of passport that they
hold.62
6.25 Any previous resident of Hong Kong who holds a British Dependent
Territories, British Nationals (Overseas) or British Overseas passport meets
the nationality criteria for all elections in the UK.
6.26 Any previous resident of Hong Kong who only has a Chinese Special
Administrative Region passport is Chinese and may not register.
*Citizens of the UK, the Republic of Ireland, Cyprus and Malta are eligible to
be registered to vote in respect of all elections in the UK.
61
Schedule 6, British Nationality Act 1981.
62
Regulation 24, RPR 2001.
6.33 The annual canvass form and rolling registration forms can only be used
to register a citizen of an EU member state as a local government elector.
63
Regulation 24(1) and (2), RPR 2001.
64
Regulation 24(3), RPR 2001.
6.34 The Electoral Registration Officer should issue these applications and
declarations to each local government elector who has indicated on the
annual canvass form, or in their rolling registration application to be registered
as an elector, that they are a citizen of an EU member state. 67 As European
Parliamentary elections are scheduled elections, the process of issuing these
can be done during or immediately after the annual canvass preceding the
election. Any returned applications and declarations should be dealt with in
the same way as any other declaration and must meet the registration
deadlines.
6.35 Electors who return a completed declaration will have their names
included in the register of electors prefixed with the letter K instead of the
letter G. This notation must not be made for citizens of the UK, the Republic
of Ireland, Malta or Cyprus, as they are eligible to vote in respect of all
elections held in the UK, and are not required to return a separate application
and declaration in order to be registered in respect of European Parliamentary
elections.
6.36 If the declaration is returned and determined in time, the change from G
to K should be reflected in the next update to the register. This will either be
in the publication of the next revised register, monthly notice of alteration or
election notice of alteration. This change in marking signifies that the person
in question has been added to the register of European Parliamentary
electors.
the citizen applies for their name to be removed from the register of
electors, or
another application is made by the citizen in respect of a different
qualifying address, or
the application is cancelled by the elector, which can be done at any
time, or
notification is received from the Secretary of State that information has
been received from a member state indicating that the citizen has lost
their right to vote
65
Regulation 6, European (Franchise) Regulations 2001.
66
Section 9, EPE Act 2002.
67
Excluding citizens of the UK, the Republic of Ireland, Malta and Cyprus.
68
Regulation 10, European (Franchise) Regulations 2001.
6.39 Further information and contact details relevant to this exercise will be
supplied to Electoral Registration Officers by the relevant government
department in advance of a European Parliamentary election.
7.2 Following the enactment of the House of Lords Act 1999, the only peers
who are disqualified from voting at UK Parliamentary elections are life peers
and those 92 hereditary peers who continue to sit in the House of Lords.
Registration
7.4 The names of Members of the House of Lords should be included in the
register of electors with the letter L prefixed against their names to indicate
that they are not eligible to vote at UK Parliamentary elections.
7.5 Where information has been received that a person who is currently
registered as an ordinary elector has become a Member of the House of
Lords, the Electoral Registration Officer should, where satisfied after the
making of enquiries, amend the entry in the register through the monthly
alteration procedure to denote the change in that electors qualification.
7.6 Members of the House of Lords who register as overseas electors must
have the letter E prefixed against their names in the register of electors
rather than the letter L, to indicate that they are eligible to vote at European
Parliamentary elections only.
8.2 The details of all known attainers must be included on any canvass form
sent to a household. The date of birth for all 16- and 17-year-olds must be
provided on the annual canvass form. Although not all 16-year-olds will be
eligible to be registered, the provision of this information will allow Electoral
Registration Officers to determine who is eligible to register and who is not.
8.3 Any person who was born on 29 February in a leap year will attain the
age of 18 on 1 March in a non-leap year.
8.4 The minimum voting age is 18 years and anyone who will reach the age
of 18 on or before the day of a poll is entitled to vote at that election if they are
included on the relevant register of electors and not subject to any legal
incapacity to vote. A person can be included on the register before their
eighteenth birthday so that they may vote as soon as they attain the age of 18
years. Applications can be accepted if the applicant will be 18 years of age
before the end of a 12-month period starting from the next 1 December after
the application is made.
s
There is no requirement for Scottish Electoral Registration Officers to
ask electors whether they are over 70. Although the Scottish Courts
Service is entitled to purchase a copy of the full register of electors
under Regulation 112 of the RPR (Scotland) 2001, electors over 70 are not
indicated.
69
Section 3, Juries Act 1974.
6 Conclusion of canvass
Publication of the register
RPF29
Performance standards returns
Supply of the full register
Retention of registration forms
Register to be used for elections taking place after publication
of the revised register
7 Further resources
Opt-out leaflets
Annual canvass resources
1 Duties of the Electoral Registration Officer
Steps to be taken by the Electoral Registration Officer
1.1 Under Section 9 of the Representation of the People Act 1983
(RPA 1983) an Electoral Registration Officer has a duty to maintain registers
of UK Parliamentary and local government electors containing the name,
qualifying address and electoral number of those persons appearing to them
to be entitled to be registered in it.
1.2 This duty on the Electoral Registration Officer to maintain the register
includes, but is not limited to, the requirement to conduct an annual canvass
in accordance with Section 10 of the RPA 1983 for the purpose of
ascertaining any persons who are entitled to be registered. This annual
canvass is conducted with reference to the relevant date of 15 October, the
relevant date being the date on which a person must be resident at the
address they are applying to be registered at.
1.3 Section 9A of the RPA 1983 places a duty on the Electoral Registration
Officer to take all steps that are necessary for the purposes of maintaining the
electoral register. Section 9A sets out the following steps:
sending more than once to any address the form to be used for the
canvass
making on one or more occasions house-to-house enquiries
making contact by such other means as the Electoral Registration
Officer thinks appropriate with persons who do not have an entry in the
register
inspecting any records held by any person which the Electoral
Registration Officer is permitted to inspect
providing training to persons under their direction or control in
connection with the carrying out of the duty
1.4 The Electoral Registration Officer can use their own judgement in
deciding what steps are necessary, whether listed in Section 9A of the RPA
1983 or not, in order to ensure that their duty to maintain the register has been
fulfilled; the obligation on the Electoral Registration Officer is to take all steps
that are necessary to ensure that they meet their duty to maintain the
register, taking into account the circumstances in each case.
1.5 The Electoral Registration Officer must therefore actively consider each
of the steps listed in Section 9A of the RPA 1983 and take all such steps, or
indeed any other step(s) not listed, that they consider necessary in order to
fulfil their duty and to ascertain who is eligible to register to vote and include
them in the register of electors. The steps do not need to be taken in any
particular order.
1.7 The Electoral Registration Officer should be able to demonstrate that all
necessary steps have been taken in respect of all properties in their area.
i
Example: A property has not returned the canvass form and there is
nothing to suggest that that property is empty what steps should be
taken?
a
The duty set out in Section 9A of the RPA 1983 is not limited to the
annual canvass period but applies equally to the work of the Electoral
Registration Officer throughout the remainder of the year. Further
consideration of the duty in respect of the rolling registration process can be
found in Part D, Monthly alterations to the register.
a
Guidance for Electoral Registration Officers on public awareness
activities can be found in Part I, Accessibility and participation.
1
Section 63, RPA 1983.
2
Section 69(2), EAA.
1.12 The plan should be task based and set out what steps the Electoral
Registration Officer will take. The plan should also contain details of any
training being provided to staff under the direction or control of the Electoral
Registration Officer, including personal canvassers, temporary office staff and
call centre staff.
1.15 The risks of being unprepared are magnified where the electoral
services office will also be involved in administering an election at the same
time as conducting the canvass. In such cases, particular consideration will
need to be given at an early stage as to how the registration and election
administration processes will be managed in parallel.
Given the extent of the elections covered, there is a real possibility that the
Electoral Registration Officer will be faced with an election during the canvass,
and so it is imperative that procedures are developed and put in place in order
to be prepared to deal with any election that does arise.
The canvass plan should identify how the canvass will be arranged in order to
ensure that if an election occurs during the canvass period, all canvass forms
received back from the relevant electoral area can be considered, applications
determined, and names added to the electoral register as appropriate in time
for the election.
The workflow set out by the Electoral Registration Officer in their canvass plan
should explain how canvass forms will be sorted on their return. Returned
canvass forms should be sorted as soon as possible into three categories:
those with new applicants or amendments to existing elector details; those
containing only deletions; and those with no changes. The forms sorted as a
change should include those with any new requests for postal vote
applications even if there are no other changes on the form. This is because
if there is an election these electors will need to be sent an application form in
time for it to be completed and returned before the postal vote application
deadline for that election.
3
Section 13BB and 13B(4), RPA 1983.
4
Section 13BB, RPA 1983.
The forms with no changes should then be processed once all other received
forms have been considered.
If there is an election during the canvass period that affects only part of the
registration area, the Electoral Registration Officer will need to ensure that
their processes will allow forms from the relevant area to be prioritised.
1.18 Electoral Registration Officers should ensure that they have appropriate
insurance to cover any risks identified, giving particular consideration to
employer responsibilities in respect of personal canvassers.
1.19 As part of their planning process, the Electoral Registration Officer also
needs to consider what budget and resources they require in order to
undertake a canvass in line with their statutory duties. This includes identifying
the required resources to enable them to structure their canvass so that they
are prepared to deal with an election during the canvass period.
a
Further consideration is given to budgets for electoral registration in
Part A, Context, Section 4, Budgets.
Performance standards
1.20 When planning for the annual canvass, the Electoral Registration Officer
should keep in mind the requirement to have in place a comprehensive written
canvass plan in order to be able to meet the Commissions performance
standards.
a
For further information on performance standards for Electoral
Registration Officers, see Part J, Performance standards for Electoral
Registration Officers in Great Britain.
1.22 The form as contained in the regulations has been user tested and
written with plain English criteria in mind. As it is a prescribed form, Electoral
Registration Officers can be assured that they are complying with the
legislation by using this form. Electoral Registration Officers should therefore
consider whether they need to deviate from the wording and format of the
prescribed form for a legitimate reason before doing so.
w
Electoral Registration Officers in Wales are reminded that the
provisions of the Welsh Language Act 1993 place a responsibility on
local authorities in Wales to provide services to the public in Welsh on
an equal basis to English. This will need to be reflected in the development of
their canvass forms.
a
Canvass forms are available in PDF format from the Commissions
website. The England and Wales form is also available in Welsh
language and in bilingual format (English/Welsh).
1.25 The Commissions view is that the canvass form with this information
pre-printed on it is likely to be a form to the same effect as the form prescribed
in the regulations, and is therefore acceptable.
5
Representation of the People (Form of Canvass) (England and Wales) Regulations 2006;
Representation of the People (Form of Canvass) (Scotland) Regulations 2006.
6
Section 10(4), RPA 1983.
1.29 Given that any error in the collection of nationality information might
result in an incorrect assessment of eligibility for registration or in the wrong
franchise being identified, it is essential that the nationality information is
accurately transcribed from the records held by the Electoral Registration
Officer onto the canvass form. It is also important to ensure that the
householder confirms, by their signature on the returned canvass form, the
accuracy of the pre-printed information.
1.31 The opt-out box should therefore remain blank in order for the elector, or
the householder on their behalf, to exercise the choice as to whether or not to
opt-out each year.
Absent voting
1.34 There is a facility on the canvass form to request an absent voting
application form. There are several options as to how to manage these
requests: send application forms on an ongoing basis whenever a returned
canvass form containing such a request has been received and processed; or
send application forms to all who have requested one either on conclusion of
the canvass or at one or more fixed times during and up to the conclusion of
the canvass.
1.35 In the event that applications are not sent as soon as the request has
been received, if an election is then called, the absent vote applications for the
affected area(s) should be sent out as soon as possible. The workflows
established as part of the canvass planning process should be capable of
facilitating this.
1.36 New absent vote application forms should be sent to any existing absent
voters who have indicated a change of name on the returned canvass form in
order to obtain a new signature for the personal identifiers record.
7
Regulation 94(3), RPR 2001.
2.2 One of the issues that the Electoral Registration Officer will need to
consider when drawing up their canvass plan is how the canvass forms will be
delivered.
Delivery by post
2.3 A large number of Electoral Registration Officers use postal services to
deliver their initial and reminder canvass forms, with electors then able to
return the forms using a freepost facility.
2.4 The availability of discounts from Royal Mail and other service providers
means that it may be more cost effective to deliver initial forms and reminders
by post than to employ canvassers to do so.
2.5 The performance of a postal service is, however, outside the direct
control of the Electoral Registration Officer. Furthermore, changes in property
status will not be collected and notified to the Electoral Registration Officer by
postal service providers.
Delivery by canvassers
2.6 Many Electoral Registration Officers use canvass staff to hand deliver
the initial and/or reminder canvass forms, for electors to then send them back
using a freepost facility. This has the advantage that canvassers can become
familiar with their canvass round before making contact with residents during
the house-to-house enquiry stage. Additionally, they can report back any
relevant changes in property use to the Electoral Registration Officer.
2.7 The use of canvassers to deliver forms may be time consuming for
Electoral Registration Officers, as canvassers have to be recruited, trained
and supervised. Also, this may be more expensive than using a postal
service, as any opportunity to receive discounts is lost.
2.9 Such a system may result in a high level of accuracy but may not be the
most cost-effective way of dealing with the initial delivery of canvass forms.
House-to-house enquiries are, however, one of the steps listed in Section 9A,
and this method is widely used to follow up non-returned forms at the later
stages of the canvass. 8 Further consideration to the making of house-to-
house enquiries is given below.
2.10 Each Electoral Registration Officer must decide which method best suits
their area and enables them to fulfil their responsibilities under the legislation.
This decision may well be dictated by social or geographic circumstances: for
example, sparsely populated rural areas might suit a postal delivery, whereas
densely populated urban areas might be better suited to a hand delivery of the
registration form. In each case a freepost envelope should be included for its
return.
2.13 To make sure it is clear which forms were received by canvassers by the
registration deadline, canvassers should be instructed to suspend their house-
8
Section 10(5), RPA 1983.
9
Section 13(1A), RPA 1983.
10
Sections 13BB(9), 9A(2)(b) and 10(5), RPA 1983.
2.15 The Electoral Registration Officer should also consider additional ways
of promoting the return of outstanding canvass forms by the deadline for
registration for the election. The use of local media and public awareness
exercises may be useful in setting out to residents how they can return their
canvass form to the Electoral Registration Officer in time to be included on the
register for use at the election.
2.17 If no canvass form has been returned, one has been received but with
incomplete information, or there is any other reason or evidence to cause the
Electoral Registration Officer to doubt the information provided on the form,
they should consider what other steps are necessary to take: for example, the
Electoral Registration Officer might send a request for further information to
the address, make a house-to-house enquiry or inspect records held by the
council. Further consideration of these other possible steps is given below.
Reminders
2.18 In some circumstances, particularly where several canvass forms have
been sent to an address but no response has been received, it may be helpful
for reminders to be accompanied with a letter from the Electoral Registration
Officer, explaining that there is a legal obligation to complete the canvass
form 11 and stating the possible consequences of non-response and non-
registration, such as being prosecuted and fined, being disenfranchised and
so on.
11
Regulation 23(3), RPR 2001; Regulation 23(2), RPR (Scotland) 2001.
2.20 Where reminders still do not elicit a response, the Electoral Registration
Officer should then consider taking such other steps as are necessary, such
as making a house-to-house enquiry or inspecting council records, in order to
establish whether a particular property is inhabited and whether anyone at
that address is eligible to be included on the electoral register.
2.22 The wording of this step specifies that house-to-house enquiries should
be made on one or more occasions. Consequently, if the Electoral
Registration Officer does make a house-to-house enquiry and considers that
sufficient information has been received with regard to the duty under Section
9 of the RPA 1983 on the first occasion, there is no need for further enquiries
to be made.
2.24 There may be, however, circumstances which could lead an Electoral
Registration Officer to not canvass a particular address, for example in an
extreme case where for reasons of personal safety the Electoral Registration
Officer may not deem it safe to send a personal canvasser. In arriving at such
a decision, the Electoral Registration Officer would need to be able to
demonstrate that all options had been considered and would need to be able
to justify any such decisions on a case-by-case basis.
2.27 Other electors may simply have been busy or have forgotten to complete
and return the canvass form, and a personal visit, unlike a posted form, is
more difficult to ignore or put to one side for future consideration. Canvassers
also have an important role in identifying properties that are empty, non-
existent or being built, in addition to identifying properties where none of the
residents are eligible to register.
2.28 Furthermore, in many cases canvassers are one of the only types of
face-to-face contact that local authorities have with their residents. An
effective canvasser can therefore act in an ambassadorial role for the
Electoral Registration Officer and their appointing local authority, and is ideally
placed to assist the Electoral Registration Officer with their duty to promote
awareness of, and participation in, the democratic process.
2.29 For each of these reasons, it is therefore essential that the canvass team
is well trained and effectively managed.
2.31 Theoretically, the smaller the canvass area and the lower the number of
households a canvasser has to visit, the higher the response rate will be as
canvassers will be able to visit non-responding households more frequently
during the canvass period. Additionally, if the area allocated to canvassers is
kept relatively small, where a particular canvasser underperforms for whatever
reason the impact this will have on the overall canvass response rate will be
limited.
Recruitment of canvassers
2.33 As an early part of the canvass planning process, the Electoral
Registration Officer should determine how canvassers are to be used and, as
a result, how many canvassers are likely to be required. In particular, the
Electoral Registration Officer will need to ensure that sufficient time is built
into the process for the recruitment and training of canvassers. Guidance
2.34 Since the canvass is an annual process, a key source for recruitment of
canvassers may well be persons who have been employed as canvassers in
previous years. The performance of canvassers should be monitored annually
and any canvassers whose past performance has been unsatisfactory should
not be used again.
2.36 Some Electoral Registration Officers take the view that canvassers
should be employed in the same area in successive years, thus gaining a
detailed knowledge of their rounds. Others take the alternative view that
rotation of the areas allocated can be beneficial as canvassers may need to
be more alert in an unfamiliar area. Both approaches are acceptable and so
individual Electoral Registration Officers should consider the consequences of
both alternatives and any local circumstances before confirming their staff
allocations.
staff who are employed by the Returning Officer to assist with the
election, including polling station, postal vote and count staff
a waiting list of potential canvassers built over time
information placed on the council or Electoral Registration Officers
website or sent out via email
tenants and residents associations
advertisements around the offices and other departments of the local
council
ethnic minority and local community groups
job advertisements at the local Jobcentre
local newspaper advertisements
word-of-mouth: canvassers themselves may know of other suitable
people who would be willing to work as canvassers. In some areas it
may be appropriate to consider paying an introduction fee to any
canvasser introducing another to the Electoral Registration Officer.
12
Section 52(4), RPA 1983.
a
The Commission has developed a template canvasser job description,
which can be downloaded from the Commissions website.
2.40 Any foreign language skills that potential canvassers have should be
recorded as this may be helpful in deciding which canvass area they should
be allocated, particularly where there are areas within the registration area
where a significant number of residents speak a particular language.
2.42 Local residents will generally have a familiarity with the local community.
This may simply be a greater knowledge of the local geography, which in itself
would be an asset when planning an efficient route, but may also mean that
other residents will react positively when interacting with someone they
recognise, whether by completing a registration form or, for example, by
allowing a canvasser entry into a block of flats.
Canvasser training
2.44 It is essential to issue detailed written instructions to all staff engaged in
the canvass, covering all aspects of the process and highlighting the types of
difficulties that they will be likely to encounter.
2.45 One of the necessary steps for the purpose of complying with the duty to
maintain registers of UK Parliamentary and local government electors set out
in Section 9A of the RPA 1983 is the step of providing training to persons
under [the Electoral Registration Officers] direction or control in connection
with the carrying out of the duty.
2.49 Materials for training sessions will need to be carefully prepared. Use of
examples, role plays and other participative exercises should be considered.
2.51 The particular local circumstances of the areas the canvassers will be
covering may require other specific issues to be covered at the training
sessions. For example, Electoral Registration Officers in rural areas will need
to provide different guidance from those in urban areas; and areas with
specific populations such as students will need to reflect this in their briefings.
2.53 The importance of recording the date and time of all visits canvassers
make to properties should be enforced at the briefing session. This record can
be used as evidence of what steps the Electoral Registration Officer has taken
as part of their duty to maintain the register.
2.59 In the event that forms are not returned according to the timetable, the
canvasser should be contacted as soon as possible to establish why the
arrangements are not being adhered to. This can help to avoid the situation
arising whereby the Electoral Registration Officer discovers at a late stage in
the canvass period that a large number of canvass forms have not been
completed. A failure to return forms in time could be due to a number of
factors: it could be because a canvasser has been unable to carry out the
canvass due to sickness or injury; or because they have stalled in starting the
work and will then be unable to complete it in a timely fashion. While
unauthorised absence or the sudden resignation of a canvasser is not within
the Electoral Registration Officers control, the sooner that they are aware of
it, the sooner action can be taken to limit the impact on the canvass return
rate.
2.62 Electoral Registration Officers should consider how best to motivate their
canvass team, who will often have to work in the cold, wet and dark, and will
sometimes have to deal with difficult people. The performance of canvassers
I
While these may not appeal to all canvassers, some examples of low-
cost, non-financial rewards that may be worth consideration are:
2.66 Any such letter should explain that the canvasser was carrying out an
official duty and was refused the information lawfully requested, and should
set out the possible consequences of non-compliance and non-registration,
namely that they could be fined up to 1,000 13 they will not be able to vote
and it may be more difficult to obtain credit. Such correspondence
demonstrates to both residents and canvassers that the Electoral Registration
Officer takes voter registration seriously and is prepared to support their staff.
2.67 It must be stressed to canvassers that they should make careful notes of
any conversations they have at households where the occupiers have
behaved in a difficult way, noting also the name of the person concerned (if
known) and a brief description of them; it would clearly be inappropriate for
the Electoral Registration Officer to send correspondence such as that
described above if all that was known about the conversation was that lady
said she wasnt interested or person refused to answer the door.
a
See Personal delivery and collection above for further consideration
of planning for the possibility of elections during the canvass period.
13
Regulation 23(3), RPR 2001; Regulation 23(2), RPR (Scotland) 2001.
2.71 Some Electoral Registration Officers pay a flat rate fee to each
canvasser simply for undertaking the work, regardless of how they have
performed. If this method is used, the payment could either be uniform for all
canvassers without regard to their allocated areas or could be related to the
number of electors or properties in their allocated areas. The former payment
method may be helpful in attracting canvassers to more sparsely populated
areas where other electorate or property-based calculators might result in too
small a payment to make the work attractive.
2.79 Whatever pay scheme is adopted, care must be taken to ensure that it
complies with the minimum wage legislation. In order to evidence that the
minimum wage has been paid, it may be advisable to ask canvassers to
maintain a log of the number of hours they work on the canvass.
a
For information on the national minimum wage, see
http://www.berr.gov.uk/whatwedo/employment/pay/index.html
2.80 The payment of allowances to staff will also need to be considered. If, for
example, staff are to be paid travelling allowances, the audit requirements will
likely necessitate the keeping of detailed records of actual miles travelled or
public transport costs incurred, and Electoral Registration Officers should not
underestimate the amount of work involved in this process. An alternative
approach may be to dispense with travel allowance payments and instead
increase the other rates of payment offered. The same approach could also
be adopted in respect of any other allowances traditionally paid to staff
engaged in this type of work, such as the payment of premium rates for out-of-
hours and weekend working.
2.84 Use of the payroll system will avoid the need for the Electoral
Registration Officer to become involved in detailed calculations regarding tax
deductions and National Insurance contributions. Where the payroll system is
used, the Electoral Registration Officer will need to ensure that all relevant
payroll forms are completed and deposited with the payroll section in good
time. These payroll forms should be completed and returned by canvassers at
the training sessions, enabling any queries to be resolved at an early stage
and without the risk of delay to payments.
2.86 The appointing local authority should have a lone working policy which
the Electoral Registration Officer could adopt for the purposes of the annual
canvass. It is advisable to seek the assistance of those with experience of
administering and using the policy in order to ensure that all risks to personal
safety are considered and evaluated by way of a proper risk assessment
process, and that appropriate measures are put in place to ensure the safety
of the canvassers.
Identification of staff
2.89 All staff engaged in work for the Electoral Registration Officer should be
issued with a photographic identity card. Staff should be instructed to wear it
at all times when undertaking their work and to show it when challenged. It
may be useful to give a list of names of canvassers to the police or, at the
very least, to inform the local constabulary of the likely start and completion
dates of the canvass. It could also be helpful to provide a copy of this list to
the appointing local authoritys duty officer or out-of-hours team to enable
members of the public to check on a canvassers credentials at any time
should they wish to do so.
2.91 All cards must be surrendered by staff at the completion of the canvass
in order to avoid the possibility of misuse during the remainder of the year.
(a) the council which appointed them and any registrar of births and deaths; 15
3.2 Those persons, companies and organisations in (b) above include those
that are providing outsourced services under any finance agreement.
3.3 The Electoral Registration Officer is also entitled to make copies of any
information contained within these records. 16
3.4 The Electoral Registration Officer is required to make such use of these
powers as is necessary in order to maintain the register.17 This duty applies
throughout the year and is not confined to the canvass period.
a
Further consideration on the inspection of other council records is
contained in Part E, Improving completeness and accuracy.
3.5 In order to be able to provide evidence that the duty to carry out the
necessary steps given in Section 9A of the RPA 1983 has been fulfilled,
Electoral Registration Officers should ensure that a record is kept of the use
they have made of other council records.
14
Regulation 35, RPR 2001.
15
In Scotland, it is the registrar of births, deaths and marriages.
16
Regulation 35(3), RPR 2001.
17
Section 9A(2)(d), RPA 1983.
3.10 Similarly, in Scotland landlords must supply the local authority with
specific information regarding the HMO and in turn local authorities are
required to maintain public registers containing information regarding HMO
licences for living accommodation in their area.
3.19 This duty is applicable at any time of the year and not solely within the
canvass period. For example, during the canvass period it may be appropriate
for Electoral Registration Officers to attend freshers fairs or school/college-
based events and encourage attendees to complete an electoral registration
form. Outside the canvass period, this contact could include sending rolling
registration forms to an address where the Electoral Registration Officer is
aware that there may be new residents, such as following inspection of the
council tax records. Making contact might also include making a personal visit
to a property.
18
TP Regulation 23, RPR 2001.
PT
19
TP Section 13D, RPA 1983.
PT
20
TP Section 9A(2)(c), RPA 1983.
PT
3.21 In the event that the annual canvass form is not returned or for any other
reason insufficient information is obtained as to residence, the Electoral
Registration Officer may retain a persons entry in the register of electors for
the period expiring with the publication of a revised version of the register. 21 If
there is no response at the following canvass and the Electoral Registration
Officer cannot otherwise satisfy themselves that the elector is still resident at
that address, the electors name must be removed from the register.
3.24 Where a name is removed from the register under these provisions, it is
advisable to keep a record of the action taken as it may be useful to have this
evidence should, at the time of an election, that person make enquiries as to
why they cannot vote.
21
Regulation 34, RPR 2001.
a
Detailed guidance on the rolling registration process outside the
canvass period can be found in Part D, Monthly alterations to the
register.
4.1 Rolling registration is not suspended for the canvass period: it continues
during September, October and November despite the fact that the Electoral
Registration Officer is not required to issue a monthly notice of alteration. 22
Any such applications received and determined as valid during the canvass
period must be applied to the revised register published by 1 December. 23
4.2 In the event of an election during the canvass period, any rolling
registration applications from that area during the canvass period, which have
been received before the registration deadline for the election and which have
been successfully determined, must be included on the election notice of
alteration. They must not be left until the publication of the revised register.
4.3 Rolling registration is also not suspended when an election during the
canvass results in the Electoral Registration Officer deciding to extend the
canvass period beyond 1 December. Any forms received during the canvass
period up until the revised register is published should, if successfully
determined, be included in the revised register. Those that have already been
added to the register by an election notice of alteration must also be included
in the revised register unless the Electoral Registration Officer has since
determined that the person is no longer eligible.
4.4 Rolling registration forms received during the annual canvass cannot be
rejected or suspended on the grounds that the application has not been
provided on a canvass form: no application can be suspended or rejected
unless the application does not contain the required information or the
Electoral Registration Officer is not satisfied as to the applicants eligibility to
register.
I
The processing of rolling registration forms received during the annual
canvass period is essential in order to ensure that the applicant is able
to vote at any by-elections taking place shortly after the publication of
the revised register. It also enables applicants to make donations to political
parties if they so choose, as to be eligible to do so a person must be included
on the electoral register.
22
Section 13A(3), RPA 1983.
23
Section 13(2), RPA 1983.
4.7 If a canvass form has been returned but does not contain the name of
the rolling registration applicant, the rolling registration form should not be
ignored. In these cases, it is advisable that the Electoral Registration Officer
confirms the situation of the residents, and they may wish to consider doing so
by instructing a personal canvass of that address.
5.2 The deadline for new applications for registration for any election,
including an election during the canvass period, is midnight on the eleventh
working day before polling day, 25 and the Electoral Registration Officer must
publish a notice of alteration to the register of electors on the fifth working day
before the poll. 26 Successful applications from both rolling registration forms
and returned canvass forms are added to the register by this notice of
alteration.
by midnight on the eleventh working day before the date of the poll, is deemed
to have been returned to the Electoral Registration Officer by the registration
deadline. 27 If these applications are then successfully determined by the fifth
working day before the poll, they can be added to the register by the notice of
alteration published before the election.
24
Section 13BB and 13B(4), RPA 1983.
25
Section 13B, 13BB(3), RPA 1983 and Regulation 29, RPR 2001.
26
Section 13B and 13BB, RPA 1983.
27
Section 13BB(9), RPA 1983.
5.5 If the election is taking place in only part of the registration area, the
notice of alteration will only include applications where the qualifying address
is within the relevant electoral area. If the election affects the whole of the
registration area, all successful applications should be included.
5.6 Applications made on a canvass form are deemed to contain all of the
information required for an application for registration if they include all of the
information requested by the prescribed canvass form, that is: 29
surname
first name and any middle initials
nationality
address
date of birth (if applicant is 16 or 17)
an indication if an applicant is over 70 (England and Wales only)
their signature
the date of signing
their name (printed)
5.8 The person completing and/or signing the form does not need to be one
of the people listed on or added to the form.
indicates that they have a nationality other than the one previously
recorded by the Electoral Registration Officer which gives them a
different franchise, for example as a result of naturalisation
indicates that, in the case of an attainer, the date of birth has been
incorrectly recorded previously
indicates that their name has been incorrectly recorded previously or has
changed
a
See Part D, Monthly alterations to the register, for further
consideration of the process and timescales for determining
applications.
28
Section 13BB, RPA 1983.
29
Section 10A(2) and 13BB(1)(a), RPA 1983; Representation of the People (Form of
Canvass) Regulations 2006.
i
Names that have been crossed off.
When a name that is pre-printed on a canvass form has been crossed
out or where some other indication has been given on the form that a
person is no longer resident, the elector should be removed from the revised
register published at the end of the canvass. 31
The Electoral Registration Officer must have a system in place to ensure that
such deletions are processed in a way that does not see them removed by the
publication of a notice of alteration for any election during the canvass, but
ensures that they are not included on the revised register published at the
conclusion of the canvass.
5.11 The prescribed canvass form does not contain a space for applicants to
supply their previous address, and indeed applicants are not required to
provide this information on a canvass form. Some applicants may, however,
nevertheless provide their previous address details voluntarily.
the canvass form has been completed and returned by the deadline for
registration for the election
the canvass form is capable of being considered as an application for
registration (that is, it includes a name that is not currently on the register
at that address and contains all of the information required for the
Electoral Registration Officer to make a determination)
the application is for the electoral area where the election is being held
the Electoral Registration Officer determines that the application is
successful and that they will be added to the election notice of alteration
5.13 If these conditions are met, the election notice of alteration must include
a deletion of the entry for the previous address. 32 This deletion must be
30
Sections 13BB(4), 10A(5) and 10A(9), RPA 1983.
31
Section 10A(5), RPA 1983.
32
Section 13BB(5), RPA 1983.
the canvass form has been completed and returned to the Electoral
Registration Officer for the new address by the deadline for registration
for the election
the canvass form is capable of being considered as an application for
registration (that is, it includes a name that is not currently on the register
at that address and contains all of the information for the Electoral
Registration Officer to make a determination)
the application is for the electoral area where an election is being held
the Electoral Registration Officer for the new address determines that
the application is successful and that they will be added to the election
notice of alteration
the Electoral Registration Officer for the new address informs the
Electoral Registration Officer for the previous address of the details of
the successful application
at the time of the determination by the Electoral Registration Officer for
the new address, there has also been a notice of election published for
an election to be held during the canvass period in the area of the
previous address
the Electoral Registration Officer for the previous address has received
the notification from the Electoral Registration Officer for the new
address and made a determination by the fifth working day before the
date of the poll
5.15 If these conditions are met, the election notice of alteration published by
the Electoral Registration Officer for the previous address must include a
deletion of the entry for that address. 35
5.16 If the Electoral Registration Officer receives details of electors that have
moved from their area but there is no election during the canvass period in
their area, the information should be used to remove the entry at the
conclusion of the canvass on publication of the revised register.
5.17 Any notification to the Electoral Registration Officer for the previous
address should only be sent by the Electoral Registration Officer for the new
address after they have determined that the application is successful and that
the applicant will be added to the election notice of alteration. Such
notifications should be sent on a regular basis, and the Electoral Registration
Officer should not wait to issue all notifications on the fifth working day before
33
Section 13BB(5)(a), RPA 1983.
34
Section 13BB(1) to (5), RPA 1983, Regulation 31C(2)(b), RPR 2001.
35
Section 13BB(4), RPA 1983.
5.18 Although the legislation does not make it compulsory to provide details
of electors who are registering at a new address by a canvass form to the
Electoral Registration Officer for any previous address given on that canvass
form, to aid with maintaining the accuracy and completeness of the registers,
these details should be sent wherever possible.
a
See Section 3, Determination of applications in Part D, Monthly
alterations to the register, for further consideration of sending
notifications to other Electoral Registration Officers.
Other deletions
5.19 There are other circumstances which can result in the requirement for an
Electoral Registration Officer to delete an entry from the register. Such
situations include where: 36
a
For further information on making deletions in these circumstances,
see Section 6, Reviewing entitlement to be registered in Part D,
Monthly alterations to the register.
36
Regulation 31B to 31F, RPR 2001.
37
Section 13, 13A, 13B and 13BB, RPA 1983..
5.23 The notice will alter the register which was last altered either on the first
working day in September or by a previous election notice of alteration
published for any earlier election that has already taken place during the
canvass period.
a
For details of how the register should be published and supplied see
Part H, Access and Supply.
5.25 If for any reason the Electoral Registration Officer does take the decision
to publish the revised register early, they should note that they are required to
remove any elector who was subject to the carry forward rule in the
preceding year and who has not yet returned a canvass form, and the
Electoral Registration Officer is not otherwise satisfied that the person is still
resident. This would therefore have the effect of shortening the registration
period of any elector to whom this applied and who would normally have
remained registered until 1 December (or, where there has been an election
during the canvass, until the revised register is published, which must be done
by 1 February).
5.26 Early publication of the revised register could result in a number of such
electors becoming disenfranchised and for this reason is not recommended.
In reaching this recommendation, the Commission has taken into account the
fact that Electoral Registration Officers will be at different stages of their
canvass should any election be called, and recognises that the impact could
be different in each area.
5.27 If the Electoral Registration Officer were to publish the revised register
early as a result of an election towards the end of the canvass period and the
revised register contained all of the alterations that would appear on the
election notice of alteration, no such notice of alteration needs to be
published. 38
5.28 An election during the canvass period changes the date by which the
canvass must be concluded. The deadline for the publication of the revised
register is extended: instead of being published by 1 December, the revised
register must be published by 1 February. For further consideration of this,
see Section 6, Conclusion of the canvass, below.
38
Section 13BB(7), RPA 1983.
i
Summary of the Commissions recommended approach for
elections during the canvass
The Electoral Registration Officer should action all rolling registration
applications and canvass forms with additions and amendments received
during the canvass period and before the 11 day registration deadline. A
notice of alteration must be published five days before the poll to add these
electors to the register in time for the election.
Deletions should only be made to the register via the election notice of
alteration if any of the following occurs:
the full register of electors for all election types combined as far as
possible into one register and containing the appropriate franchise
markers
the edited register, which is an exact copy of the full register but with the
exclusion of those who have opted out of their details appearing on it
the list of overseas electors 40
6.2 If 1 December in any year is not a working day, the register must still be
published by that date. 41 Unlike in other election time calculations, the period
is not extended until the next working day.
6.3 If there has been an election during the canvass period, the Electoral
Registration Officer has the power to delay publication beyond 1 December,
as in that case the latest date for publication of the revised register is 1
February of the following year. 42
i
The canvass plan should set out the factors the Electoral Registration
Officer will consider when deciding the date of publication of the
revised register following an election during the canvass.
39
Section 13(1), RPA 1983.
40
Regulation 45(3), RPR 2001.
41
Section 13(1)(a), RPA 1983.
42
Section 13(1A), RPA 1983.
6.5 If, however, the revised register is published earlier than 1 February, the
Electoral Registration Officer should publish a notice of alteration on the first
working day of January and/or February, depending on the time of publication
of the revised register, if there are determined rolling registration alterations
that were received before the determination deadline which have not been
included on the revised register.
6.6 As the revised register that is published at the conclusion of the canvass
should not include the names of any person crossed off a canvass form,
Electoral Registration Officers who have had an election during the canvass
period will need to take particular care to ensure that such deletions are
actioned on publication of the revised register.
RPF29
6.7 The Electoral Registration Officer is required to supply to the Secretary
of State a document setting out certain prescribed information relating to the
results of the annual canvass for the register of electors. 44
s
In Scotland, this must also be supplied to Scottish Ministers and the
Registrar General of Births, Deaths and Marriages for Scotland.
6.8 Each year the Office for National Statistics (ONS) and, in Scotland, the
General Register Office for Scotland (GROS) will issue to the Electoral
Registration Officer the form RPF29 for this purpose. Electoral Registration
Officers are required to submit this information as soon as possible after
publication of the revised register.
a
For a copy of the performance standards for Electoral Registration
Officers and guidance on completing the self-assessment return see
Part J, Performance standards for Electoral Registration Officers in
Great Britain.
43
Section 13A(3), RPA 1983.
44
Regulation 44, RPR 2001.
45
Sections 9A9C, PPERA.
a
Further guidance on the supply of copies of the register can be found
in Part H, Access and supply.
6.13 Electoral Registration Officers should note, however, that while the
register to be used at an election on or after the date of publication will be
based on the revised register, there remains the requirement to publish a
notice of alteration on the fifth day before the poll, although this will only
contain entries of those who submitted rolling registration applications on or
before the eleventh day before the poll and who are not already included on
the revised register.
6.14 Any person who is on the appropriate register on polling day is eligible to
vote and those who are removed from the register by polling day are not
eligible to vote.
6.17 Poll cards should be sent out as soon as is practical, which would
normally be very shortly after the notice of election. For elections in
December, however, it may be reasonable to send poll cards only when the
revised register is published and those who are eligible to vote at the election
are known, even if this is a few days before the poll. A similar approach may
need to be adopted in respect of postal votes in order to ensure that only
those eligible to vote are sent postal ballot packs.
6.18 To enable the production and distribution of postal votes and poll cards,
the Electoral Registration Officer may wish to consider publishing their revised
register no later than the eleventh working day before the poll.
4 Notice of alteration
Computation of time
Alteration notices
Pending elections
5 Objections
Form of objection
Determining an objection
Hearings
7 Hearings
Application hearings
Objection hearings
Review hearings
Appeals
8 References
Quick reference sheet: lists of applications and objections
Flowcharts for objections and reviews
1 Introduction
1.1 The Electoral Registration Officer has a duty to take all necessary steps
to maintain the register of electors. 1 A proactive approach is required
throughout the year and not just during the canvass period in order to
maintain complete and accurate registers, ensuring that all eligible persons
are on the register and that all non-eligible persons are removed.
1.3 If, however, there has been an election during the canvass, the revised
register for the whole of the Electoral Registration Officers area must be
published by 1 February. 2 This alteration of the last date by which the revised
register must be published applies to the whole of the Electoral Registration
Officers area even if the election only affects part of it. 3
i
Elections during the canvass
1.5 A revised version of the register may, however, also be published at any
other time during the year, 6 for example following a local government
boundary change. Any such additional revision must be preceded by the
publication of a notice at the Electoral Registration Officers office and at other
conspicuous place(s) in the area, as well as in a newspaper which circulates
throughout the area, not less than 14 days before publication of the revision. 7
1
Section 9A, RPA 1983.
2
Section 13(1A), RPA 1983.
3
Section 13(1A), RPA 1983.
4
Section 13BB and 13B(4), RPA 1983.
5
Regulation 43, RPR 2001.
6
Section 13(3), RPA 1983.
7
Regulation 36, RPR 2001.
2.2 The steps set out in Section 9A of the RPA 1983 that Electoral
Registration Officers should be taking throughout the year are:
2.3 The steps outlined are not, however, the only things that may be done;
other steps can also be undertaken as the Electoral Registration Officer thinks
necessary.
2.4 The specific steps outlined in Section 9A of the RPA 1983 include the
inspection of certain records. This duty to inspect other records includes any
data that the Electoral Registration Officer has the power to inspect, which
includes records held by the local authority that appointed the Electoral
Registration Officer and any person, company or organisation providing
services to the council or exercising functions on its behalf. 9
a
Further consideration on the access to and use of information from
other sources, including other council records, can be found in Part E,
Improving completeness and accuracy.
2.5 If after inspecting these records there appear to be residents who do not
have an entry in the register yet appear to be qualified to be registered, they
should be contacted by post, personal visit or some other appropriate means
in order to try to register them. If it appears that a resident or residents have
moved out of a property, the Electoral Registration Officer should instigate a
review of registration, as explained below in Section 6, Reviewing entitlement
to be registered, with a view to removing them from the register.
8
Section 9A(2), RPA 1983.
9
Regulation 35, RPR 2001.
3.2 Forms which are produced by the Electoral Registration Officer must
contain particular wording on the edited register or words to the same effect. 10
3.4 The legislation allows for electronic signatures, that is those created
electronically rather than transmitted electronically such as by fax or as a
scanned image, to be accepted for forms in connection with registration if they
are provided in an acceptable format. 12 The Commission is not, however,
aware of any system which allows the robust certification of any electronic
signature in a way that is acceptable under the legislation and so believes that
electronic signatures should not be accepted at this time.
10
Regulation 26(6), RPR, 2001.
11
Regulation 5, RPR 2001.
12
Regulation 6, RPR 2001.
13
Regulation 26, RPR 2001.
14
Section 13D, RPA 1983.
a
The Electoral Commission has developed rolling registration
application forms which are available to download from the
Commissions website at www.electoralcommission.org.uk
3.7 It should be noted that an elector may make a further application for
registration in respect of an address at which they are already registered: for
example where an elector wishes to have their entry modified in certain
circumstances, such as where their surname has changed by virtue of
marriage.
Determination of applications
3.8 The Electoral Registration Officer is required to maintain separate lists of
applications and objections and, as soon as either is received, the appropriate
details must be recorded as follows: 15
3.9 Applications are open for inspection until they have been determined, i.e.
until the Electoral Registration Officer makes the final decision as to whether
an alteration to the register is required. 16
a
Further consideration of anonymous registration can be found in
Section F, Special category electors.
3.11 The Electoral Registration Officer should keep daily lists of applications
available for inspection for five working days in case anyone wishes to lodge
an objection during this period. These lists are usually produced by software
packages or, alternatively, they could be handwritten or typed manually.
15
Regulation 29, RPR 2001.
16
Regulation 28(1), RPR 2001.
17
Regulations 28(2) and 29(2B), RPR 2001.
3.15 Some applications may not contain all of the information required to
make a determination. If the Electoral Registration Officer considers that an
application does not contain all of the required registration information, for
example if an applicant has failed to state their nationality, the applicant must
be written to and asked for this further information. 20 No further action should
be taken until the required information has been returned.
3.16 If the Electoral Registration Officer has any doubts about the eligibility of
any applicant, they have the power to require any person to provide
information relating to the eligibility of that applicant, namely regarding their
age, nationality, residence and whether or not they are disqualified. 21
Additionally, if the Electoral Registration Officer has doubts about the age or
nationality of any applicant, they may also require that person to provide
evidence demonstrating that they meet either or both of these
requirements. 22
3.17 The items which should be accepted by the Electoral Registration Officer
as evidence of a persons age or nationality include: 23
18
Regulation 29(4), RPR 2001.
19
Regulation 29(4A), RPR 2001.
20
Regulation 29(3), RPR 2001.
21
Regulation 23, RPR 2001.
22
Regulation 24, RPR 2001.
23
Regulation 24(2), RPR 2001.
24
Regulation 24(3), RPR 2001.
25
Regulation 37, RPR 2001.
3.24 If the application form submitted by the applicant does not contain
information about the edited register or has not provided them with an
opportunity to opt out of their details appearing on the edited register, the
applicant must be sent a letter providing them with this information and giving
them the opportunity to opt out.26 If no response is received within the period
of 21 days starting with the day the letter was sent to the elector, the elector is
added to the edited register at the next revision to the register. 27 This process
does not suspend the application or prevent the applicant from being added to
the register at the next appropriate time, even if they have yet to respond or
the 21-day period is still running. Should the applicant respond within the 21-
day period stating that they do want to have their details excluded from the
edited register, whether or not they have already been added to the register,
this response should be treated as part of their application and actioned
appropriately. 28
Application hearings
3.25 Applications for registration do not have to be taken at face value. While
the vast majority of applications will not need a hearing, the Electoral
Registration Officer has the option to take any application to a hearing. 29 The
Electoral Registration Officer should consider taking an application to a
hearing where they have reason to doubt the application based on any other
knowledge that they may have.
a
Further information on the hearings process can be found in Section 7,
Hearings, below.
Receipt of form
Date-stamp the application form.
Add to the list of applications.
Make the application and list of applications available for inspection.
Initial assessment
Check that all of the required information is included and that the
declaration is signed and dated.
Consider whether the information given suggests that the applicant is not
qualified to be registered.
26
Regulation 26(7), RPR 2001.
27
Regulation 26(8), RPR 2001.
28
Regulation 26(9), RPR 2001.
29
Regulation 30, RPR 2001.
Where the application does not contain all of the required information for
a formal determination to be made:
- Write to the applicant requesting the missing information and perform
another initial assessment when the information is provided.
Formal determination
For those applications which are due to be accepted, the formal
determination should be made just before the determination deadline. An
explanation of how to calculate the determination deadline can be found
under Computation of time in Section 4, Notice of alteration, below.
The formal determination cannot be made if an objection has been
lodged and has not been deemed clearly without merit. In such a case,
the determination of the application will be made with the determination
of the objection. Further information of the objections procedure can be
found in Section 5, Objections, below.
Where the application is due to be rejected, the formal determination
should be made immediately after the initial assessment. The applicant
must be sent a notice explaining why the application has been rejected
and giving them the opportunity to ask for a hearing.
If a hearing has been called for either by the Electoral Registration
Officer or the applicant, the formal determination is made at the
conclusion of the hearing.
a
Further consideration on rolling registration during the canvass is
given in Part C, The annual canvass.
3.31 If there is an election during the canvass period, canvass forms that
have been received by the Electoral Registration Officer before the
registration deadline for that election (that is, before midnight on the eleventh
working day before the poll), and which show names added to the form or
30
Regulation 29(6), RPR 2001.
31
Regulation 29(7), RPR 2001.
32
Regulation 29(3), RPR 2001.
a
See Part C, Annual Canvass, Section 5 Elections during the
canvass for further information on making amendments to the register
in the event of an election during the canvass.
3.33 Electors who change their names should be given an application form to
change their name on the electoral register. No proof of the name change,
such as a marriage certificate, can be required although the Electoral
Registration Officer does retain the power to ask the elector for any further
information required for fulfilling their duty to maintain the registers. 34 Any
electors who change their name and have an existing absent vote facility
should also be sent a new absent vote application form in order to collect their
new signature. This new application and the identifiers provided on it would
then replace their previous entry on the appropriate absent voters list and the
personal identifiers record.
a
Further consideration of absent voting is given in Part G, Absent
voting.
3.34 An elector who changes their nationality status may require a new
application form: for example, an elector who becomes a British citizen, a
citizen of the Republic of Ireland or a citizen of another Commonwealth
country but who was previously of a nationality that allowed them to register
only on the register of local government electors may make a new application
so that they can be added to the register of Parliamentary electors, in practice
by removing the register marking that previously denoted them as a local
government elector only.
a
More information on the nationality qualification for registration can be
found in Part B, Entitlement to register.
Integrity
3.35 The Electoral Registration Officer should consider what methods and
procedures can be followed in order to promote integrity in the register of
electors, which may include taking actions such as acknowledging the initial
33
Section 13BB(1), RPA 1983.
34
Regulation 23, RPR 2001.
3.36 The Electoral Registration Officer should ensure that all staff are aware
of the possibility of fraudulent applications and that they are provided with
guidance to assist them in detecting any such applications. Additionally,
Electoral Registration Officers should have in place a policy setting out how to
deal with any possible instances of malpractice, including how to handle any
relevant documents.
3.37 The Electoral Registration Officer should establish contact with their
local police single point of contact (SPOC). A positive relationship with the
SPOC will be invaluable should any suspected malpractice arise. Any issues
concerning the integrity of the registration process should be reported to the
police immediately.
on the first working day of every month (except the months of October,
November and December) 35
before any election on the fifth working day before polling day, 36 and
before the close of poll at any election to correct any clerical errors
determined by the Electoral Registration Officer and to implement any
court (registration appeal) decision 37
4.2 In the same way that a notice of alteration is not required to be published
in October, November and December where the revised register is to be
published by 1 December, no notice of alteration needs to be published in
December, January and February where there has been an election during
the canvass and the revised register must be published by 1 February. 38
4.3 If, however, there has been an election during the canvass but the
Electoral Registration Officer decides to publish the revised register before 1
February, they must publish a notice of alteration on the first working day of
January or February (as appropriate, depending on when the register has
been published) if there are rolling registration alterations that can be included
on those notices which have not been included on the revised register
Computation of time
4.4 The registration of electors is primarily based on forms completed and
submitted to the Electoral Registration Officer in accordance with deadlines
given in legislation. The method of calculating time is specified in legislation,
with some periods of time being measured in calendar days and others being
measured in working days. Working days exclude any Saturday or Sunday,
Christmas Eve, Christmas Day, Good Friday or any bank holiday. 39
4.5 Unless otherwise stated, the calculation of time is based on three rules:
35
Section 13A, RPA 1983.
36
Section 13B(2) and (3), RPA 1983.
37
Section 13B(3A) to (3E), RPA 1983.
38
Section 13A(3), RPA 1983.
39
Regulation 8, RPR 2001. Working days in respect of the publication of notices of alteration
under Sections 13A and 13B of the RPA 1983 also exclude any day appointed for public
thanksgiving or mourning (Section 119, RPA 1983).
40
Regulation 8(1), RPR 2001; Section 119(1), RPA 1983.
41
Regulation 8(2), RPR 2001; Section 119(1)(b), RPA 1983.
4.7 The timetable for rolling registration is based on the calculation of three
dates:
4.8 Tables 1 to 4 summarise how the key dates in the registration timetable
are calculated. Within these tables the publication date is taken as the starting
point and the dates for the other deadlines are worked back from there.
Event Time
Publication date First working day of the month
Determination deadline; removal 14 calendar days before the
deadline; and deadline for receipt and publication date
determination of anonymous
registration applications
Deadline for receipt of new 6 working days before the
applications for ordinary registration determination deadline
Table 2: Publication of the revised register, which will include any rolling
registration applications and canvass forms received during the annual
canvass period which have not already been added by a notice of
alteration
Event Time
Publication date By 1 December (1 February if there
has been an election during the
canvass); on the same day and as
part of the publication of the
revised register
Determination deadline; removal Same as publication date
deadline; deadline for receipt and
determination of anonymous
registration applications
Deadline for receipt of new 6 working days before the
applications for ordinary registration determination deadline
Event Time
Publication date Fifth working day before polling
day
Determination deadline; removal Same as publication date
deadline; deadline for receipt and
determination of anonymous
registration applications
Deadline for receipt of new 6 working days before the
applications for ordinary registration determination deadline
Event Time
Publication date The notice remains published
throughout the period from the
fifth day before the poll but can be
added to up to the close of poll
Deadline for determination of clerical 9pm on polling day
errors and for receipt of court
(registration appeal) decisions
Deadline for making representations 9pm on polling day
regarding clerical errors
a
Each year, the Commission produces a schedule of the key rolling
registration dates and deadlines, which can be found on the
Commissions website at www.electoralcommission.org.uk
the determination is made that an application for registration has met the
prescribed requirements and that the applicant is eligible to be registered
they are required to remove a persons entry from the register: on receipt
of proof that an elector has died; on receipt of a notice from another
Electoral Registration Officer that the elector has moved to another
authority; or on receipt of notice from the elector asking to be removed
from the register
42
Section 13A(1), RPA 1983.
4.10 A determination by the Electoral Registration Officer does not make the
applicant an elector, change their registration or delete their registration: the
addition, change or deletion, as appropriate, does not take effect until the
register or notice of alteration publication date.
Alteration notices
4.12 The following provisions apply to a notice of alteration:
4.14 In addition to sending the notice to the new registration address, sending
a copy of the notice to the previous address as stated on the application form
is a practical step that can be taken to help safeguard the integrity of the
electoral register and will also assist with ensuring that the correct elector has
been deleted from the previous address. Applicants are required to state their
former address if they were previously registered and so those who fail either
to give a previous address or to state a satisfactory reason for not giving a
previous address should be asked for more information.
4.15 In the event that notices have to be produced manually, they should
contain: the electors names, addresses and numbers in the register; any
franchise marker and/or date of birth if appropriate; whether each alteration is
43
Section 13A(2) and Section 13B(3), (3B) and (3D), RPA 1983.
44
Regulation 36(2)(a), RPR 2001.
45
Regulation 36(2)(b), RPR 2001.
Pending elections
The 11 day rule
a
For more information on an election during the canvass and the effect
of the 11 day rule, see section 5, Elections during the canvass of part
C, Annual canvass
4.18 Any new applications, which also include any name changes or
nationality qualification changes, must arrive by the eleventh working day
before the date of the poll. Any determinations for removal from the register as
a result of information received from other Electoral Registration Officers or
from registrars of deaths and the determination of any objections and reviews
will be included on the election notice of alteration if they are made by the
date the notice is published, which will be on the fifth working day before the
date of the poll.
4.20 Some applicants will have applied for registration before the election
timetable started but after the deadline for the receipt of applications for the
previous monthly alteration; these electors will be added to the register in
consequence of the 11-day rule. When an application has been determined,
the applicant is added the next time the register is updated for that area,
whether by way of the publication of a revised version of the register or of a
notice of alteration.
4.21 The notice of alteration should only cover the area in which the election
is taking place; any part of the registration area in which an election is not
happening is not subject to the 11 day rule and will not have an additional
notice of alteration. There is no requirement to additionally publish the monthly
notice of alteration on the first day of the month when that notice would be
empty, for example where the election in question covers the whole
registration area and there are no further changes, additions or deletions to be
made. If the election is only taking place in part of the registration area, the
notice of alteration on the first day of the month is published in the usual way
and in addition to the election notice of alteration.
Part of the Yes, but only for those Yes, for all areas where
Electoral areas where there is an there is not an election
Registration election only, as long as all due
Officers area alterations in respect of the
other areas were included
in the five-day notice
Clerical errors
4.22 A clerical error has no exact definition, although the legislation does
state that the Electoral Registration Officer can determine that the register
contains a clerical error. 46 The Commissions view is that this corrective
ability is intended to encompass all errors made by the Electoral Registration
Officer when taking information from a registration form, including the
omission from the register of any names clearly shown on a registration
46
Section 13A(1)(d), RPA 1983.
4.23 Mistakes made by the person completing the registration form or by the
Electoral Registration Officer in missing a property from their canvass should
not be considered to be clerical errors; only mistakes made in the processing
of a form that has been received could be considered to be clerical errors.
4.24 It would not be necessary to correct clerical errors on polling day where
the error relates to the name or address of the elector as any such mistake
does not prevent the elector from voting as long as the description on the
register is such as can be commonly understood to be describing the
elector. 47 In such a case, the polling station staff should be instructed to note
the error and pass the details on to the Electoral Registration Officer. Clerical
errors in respect of franchise or date of birth which would prevent an elector
from voting must be corrected by the clerical error procedure.
4.25 If a clerical error is discovered after the publication of the last monthly
notice of alteration or revised version of the register but has been determined
before the publication of the 11-day rule notice of alteration, the necessary
amendment should be made on that notice which will be published five
working days before the poll.
4.26 From that time, any clerical error found either by the Electoral
Registration Officer or when a person makes a representation to the Electoral
Registration Officer that they consider that a clerical error has occurred must
have been identified by 9pm on polling day in order to be corrected for that
election. The Electoral Registration Officer should not be concerned about the
manner in which any such representation is made as the register will only be
changed if the Electoral Registration Officer has indeed made a clerical error.
Consequently, representations by telephone, email and other such methods
should be considered to be acceptable.
4.27 The Electoral Registration Officer can only make an alteration to the
register if they make a determination by 9pm on polling day that there has
indeed been a clerical error. Where a determination has been made by 9pm,
the details of the alteration should be added to a special notice of alteration
kept by the Electoral Registration Officer. The alteration is deemed to have
taken effect from the start of the day on which the notice of alteration is
issued. 48 The details must also be transmitted to the Presiding Officer for the
appropriate polling station in whatever manner has been previously agreed
with the Returning Officer.
4.28 If a clerical error is found at any other time than at an election, the
necessary amendment should be made to the register at the publication of the
next revised version of the register or monthly notice of alteration as long as it
was determined before the determination deadline, calculated as described in
Computation of time, above.
47
Section 50, RPA 1983.
48
Section 13B(3D)(b), RPA 1983.
5.2 The objector must have grounds for making the objection, and those
grounds must refer to the fact that the person being objected to does not meet
one or all of the requirements for registration, namely the age, nationality and
residence qualifications, or the person has a legal disqualification to
registering.
Form of objection
5.3 Objections must: 51
be made in writing
be signed and dated by the elector making the objection (the objector)
include the name, address and electoral number of the objector the
address should be as it appears on the register if shown, and if no such
address appears or if the objector wishes correspondence to be sent to
a different address, that address should also be given
give the name, qualifying address and electoral number of the elector
who is objected to, or, if the person in question is not yet registered, their
name and address as in the application
give the reason for the objection
5.4 As with applications, Electoral Registration Officers are entitled to ask for
further information about the particulars of any objection. 52 If, for example, an
objector has not given the qualifying address of the person they are objecting
to, the Electoral Registration Officer should write to the objector to ask for this
before any further action is taken. Once the Electoral Registration Officer is
satisfied that they have all the details, they can continue with the objection
process.
5.5 Again as with applications, objections are open for inspection until they
have been determined. 53
49
Regulation 27, RPR 2001.
50
Regulation 29, RPR 2001.
51
Regulation 27, RPR 2001.
52
Regulation 29(3), RPR 2001.
53
Regulation 28(1), RPR 2001.
54
Regulation 29(2), RPR 2001.
a
A table summarising the lists of applications and rejections that
Electoral Registration Officers must maintain can be found in
Section 8, Resources, below.
Determining an objection
5.8 Electoral Registration Officers can disallow an objection without the need
for a hearing, where:
the objector was not entitled to object, i.e. they were not a registered
elector 57
the objection was clearly without merit 58
the matter has already been settled by a court 59
the particulars given in the objection do not entitle the objector to
succeed 60
5.9 In the case of any rejection of an objection, the objector may demand a
hearing within three days of the decision to reject it. If the demand is made
within the time limit, the application should still be determined and added if
appropriate but the objection hearing must also be conducted.
5.10 The objectors name must be on the register that the Electoral
Registration Officer compiles, therefore the objector must be in the same local
authority area but not necessarily in the same ward. 61 If an objection is
disallowed for this reason, the Electoral Registration Officer must write to the
objector and tell them that they are not entitled to object. 62
55
Regulation 28, RPR 2001.
56
Section 10A(3B), RPA 1983.
57
Regulation 29(5), RPR 2001.
58
Regulation 29(5A), RPR 2001.
59
Regulation 29(6)(a), RPR 2001.
60
Regulation 29(6)(b), RPR 2001.
61
Regulation 27(1)(e), RPR 2001.
62
Regulation 29(5), RPR 2001.
5.12 The only exception to this occurs when the Electoral Registration Officer
is of the opinion that the objection is clearly without merit, discussed below.
5.14 Ordinarily, objections received within the five-day period prevent the
applicant subject to an objection from being added to the register until the
Electoral Registration Officer has made a determination of the objection,
which may prevent the applicant subject to an objection from voting. However,
this suspension of the application does not, however, apply to objections
judged clearly without merit and such applications can be determined and
added to the register.
5.15 Objections would be clearly without merit when the reason given would
not enable the objection to succeed. For example, an objection made solely
on the basis that the applicant subject to an objection was a Canadian citizen
would be clearly without merit because Canadian citizens are entitled to
register. Other examples where the objection would be clearly without merit
could include the objector making their objection on the basis that the
applicant subject to an objection does not own the property they live in, but is
only the tenant, or that the applicant does not pay council tax.
5.17 The objector may still require a hearing, if notice is given to the Electoral
Registration Officer within three working days of the issue of the notice
disallowing the objection. If the hearing then determines that the applicant
subject to an objection should not be registered, then the applicant will not be
added to the register, or if they already have been added, they will be
removed at the next appropriate update.
5.23 The notice to the objector should state the grounds on which the
objection has been disallowed and inform them that, unless they give notice
within three working days that they require a hearing, the Electoral
Registration Officer will disallow the objection.
Hearings
5.25 Unless an objection is disallowed on one of the grounds discussed in
Regulation 29(5), (5A) or (6) of the RPR 2001, the Electoral Registration
Officer must hold a hearing to determine an objection. Additionally, if an
objection has been disallowed without a hearing, one may be demanded by
the objector. 64
a
A summary of the hearings process can be found below at Section 7,
Hearings.
63
Regulation 29(6), RPR 2001
64
Regulation 29(7), RPR 2001.
a
Further information on the inspection and use of other records for
electoral registration purposes can be found in Part E, Improving
completeness and accuracy.
6.2 As part of their duties under Section 9A of the RPA 1983, Electoral
Registration Officers should be constantly working to find and contact qualified
residents who do not have an entry in the register. It is equally important that
only those who are entitled to be registered have an entry in the register.
6.5 The Electoral Registration Officer should always attempt to discover the
new address of the elector and this information should be passed to the new
Electoral Registration Officer if this is in a different area. Additionally, it is
helpful if a registration application form is forwarded to the elector at their new
address for completion and return to their new Electoral Registration Officer.
6.6 The following situations do not require a review and the procedure for
removal continues as before:
The elector informs the Electoral Registration Officer that they are no
longer resident at their qualifying address.
The Electoral Registration Officer receives a notice from the electors
new Electoral Registration Officer that the elector is no longer resident at
the old qualifying address.
The Electoral Registration Officer receives notification of the death of an
elector by the registrar of deaths, a relative or the executor.
65
Section 10A(5)(b), RPA 1983.
the full name, qualifying address and electoral number of the subject of
the review
the reason for the review
6.8 The list must be available for inspection at the Electoral Registration
Officers office.
Types of review
6.9 There are three options open to Electoral Registration Officers for
conducting a review. The choice of which option to undertake is at the
discretion of the Electoral Registration Officer. Further consideration of each
of these options can be found below.
Type A review 67
6.11 Type A reviews occur when the Electoral Registration Officer is of the
opinion that the elector is not entitled to be registered. The Electoral
Registration Officer could reach such an opinion when other records, such as
council tax or housing records, suggest that, for example, a resident has
moved away from their qualifying address, and the Electoral Registration
Officer is confident as to the accuracy of those records inspected. A common
example may be when an elector sends a letter or completes a form produced
by the Electoral Registration Officer stating that the elector in question is no
longer resident at an address. If the Electoral Registration Officer decides to
undertake this form of review, Notice A must be sent to the elector. Notice A
states that the Electoral Registration Officer believes that the person is not
entitled to be registered and gives the reasons for that opinion. The elector
should be told that they have 14 calendar days from the date of the notice to
request a hearing, otherwise their name will be removed from the register.
6.12 Following the sending of Notice A, if the elector does not ask for a
hearing within 14 days, the Electoral Registration Officer must determine the
review using any information that they have and any submitted by the elector
or any other party. If the Electoral Registration Officer considers that the
66
Regulation 31E, RPR 2001.
67
Regulation 31D(4)(a), RPR 2001.
Type B review 68
6.13 Type B reviews enable the Electoral Registration Officer to ask the
elector for evidence on issues of age or nationality or to supply information on
any other aspect in connection with the requirements for registration. The
Commission envisages these reviews being conducted when an Electoral
Registration Officer has some doubts as to one or more of the eligibility
criteria, but is not able to substantiate these by, for example, using other
council records. If the Electoral Registration Officer decides to undertake this
form of review, Notice B must be sent to the elector.
6.14 Notice B gives reasons for the review and includes a requirement for
evidence or further information. The elector should be told that they have 28
days from the date of the notice to supply the required information and that if
they do not their registration may be removed. The Electoral Registration
Officer may also wish to remind the elector of the offence of giving false
information to the Electoral Registration Officer in their response. 69 Following
the sending of Notice B, if the elector has not submitted satisfactory evidence
or information within 28 days, the Electoral Registration Officer must send
Notice A and should proceed with the rules for a Type A review.
Type C review 70
6.15 Type C reviews occur when the Electoral Registration Officer decides to
go directly to a hearing. This may be in circumstances where the position of
the elector and the Electoral Registration Officer or any other person is clear
and it would be more practicable to have a hearing to decide the matter than
to gain further information and conduct a Type A or Type B review by post. A
Type C review takes the shortest time and so may also be useful close to an
election registration deadline.
68
Regulation 31D(4)(b), RPR 2001.
69
Section 13D, RPA 1983.
70
Regulation 31D(4)(c), RPR 2001.
7.2 A notice of hearing must be sent to the applicant stating the following:
7.3 The date of the hearing must be set to take place no earlier than three
working days and no later than seven working days after the date of the notice
of the hearing. 72
Objection hearings
7.4 Unless an objection is disallowed on one of the grounds discussed in
Regulation 29(5), (5A) or (6), the Electoral Registration Officer must hold a
hearing to determine an objection. Additionally, if an objection has been
disallowed without a hearing, one may be demanded by the objector. 73 This
demand must be made within three working days from the date of the decision
and, due to the timescales, this notice should be accepted by written note,
email or fax, or orally. The Electoral Registration Officer should ensure that
once a decision is made to reject an objection, the notice to be sent to the
objector is dated and sent by first class post on that same day.
7.5 A notice of hearing must be sent to both the objector and the applicant or
elector subject to an objection. 74 The notice must state the following:
71
Regulation 29(7), RPR 2001.
72
Regulation 30(2), RPR 2001.
73
Regulation 29(7), RPR 2001.
74
Regulation 30(1), RPR 2001.
Arrangements
7.7 The date of a hearing must be set to take place no earlier than three
working days and no later than seven working days after the date of the notice
of the hearing. 76 The applicant, or, in the case of an objection, the objector
and the applicant or elector subject to an objection, are entitled to attend the
hearing, as is anyone who appears to the Electoral Registration Officer to be
interested. Any person entitled to appear may do so in person, or alternatively
they may make a written representation or have someone else appear on their
behalf. The Electoral Registration Officer should ensure that as many relevant
parties as possible have the opportunity to attend, in particular the applicant
or, in the case of an objection, the objector and the applicant or elector subject
to an objection.
a
Appointment of a Deputy Electoral Registration Officer is covered in
Part A, Context.
75
Regulation 30(1)(b)(ii), RPR 2001.
76
Regulation 30(2), RPR 2001.
77
Regulation 31(4), RPR 2001.
Appeals
7.13 Where the Electoral Registration Officer has made a determination at a
hearing, whether arising from an application, an objection or a review, the
applicant, objector or elector retains the right to appeal. 79 They have 14
calendar days beginning from the date of the decision to issue a notice of
appeal.
7.15 Should the Electoral Registration Officer consider that several appeals
are based on similar grounds, they must give notice to the appropriate county
court, or sheriff in Scotland.
7.16 In England and Wales, the Ministry of Justice has made arrangements
so that anonymous registration appeals, which can only arise from reviews or
78
Regulation 31F(3), RPR 2001.
79
Regulation 32, RPR 2001.
80
Paragraphs 24 and 25, Civil Procedure Rules, Practice Direction 52 (applicable to all
appeals in England and Wales lodged after October 2007). Paragraph 24(5)(8) of the Practice
Direction provides that the hearing of appeals by the county court for anonymous registration
will be in private unless the court orders otherwise and Paragraph 24(5)(9) contains similar
provision for appeals to the Court of Appeal.
81
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules)
Amendment (Registration Appeals) 2008.
* The particulars of the objection are not defined, but we suggest the date of
objection and reference to list b. The grounds may be listed or may state that
the objection is open to inspection.
Receipt of objection
Add to list b
Possible appeal to
county court or sheriff
If within three
days hearing Hearing finds for Hearing finds
demanded applicant/reject person not eligible
objection
Possible appeal to
county court or
sheriff
Send notice to
objector that objection Conduct a hearing
is disallowed between third and
seventh day following
notice of hearing
If within three
days hearing Hearing finds for Hearing finds
demanded elector/rejects elector not eligible
objection
Possible appeal to
county court or
sheriff
Type A
review
Type B
review No
Notes: Periods are calendar days except, if required, a hearing takes place from the
third working day at the Electoral Registration Officers discretion.
For reviews, the Electoral Registration Officer may start at Type A, B or C
review stage.
Reviews of anonymous entries will not list their name or address on the list of
reviews.
4 Integrity
Suspicious forms
Objections and reviews
1 Definition of a complete and accurate register
1.1 Electoral Registration Officers have a duty to take necessary steps to
maintain the electoral register. 1 In order to maintain a complete and accurate
electoral register, there is a need not only to ensure that every person who is
entitled to be registered has an entry but also to remove entries from the
register for those electors who are no longer eligible.
1
Section 9A, RPA 1983.
(a) the council which appointed them and any registrar of births and deaths 3
2.2 Those persons, companies and organisations in (b) above include those
that are providing outsourced services under any finance agreement.
E
In England, it is important to note that only Electoral Registration
Officers appointed by unitary authorities will have access to all of the
council records for the area. Education records, for example, are not
held by district councils but by county councils; Electoral Registration Officers
appointed by a district council will therefore not be able to access those
records.
2.3 The Electoral Registration Officer is also entitled to make copies of any
information contained within these records. 4
2.4 The Electoral Registration Officer is required to make such use of these
powers as is necessary in order to maintain the register.5 This duty applies
throughout the year and is not confined to the canvass period.
2.5 In order to provide evidence that the Electoral Registration Officer has
fulfilled their duty to carry out the necessary steps under Section 9A of the
RPA 1983, they should ensure that a record is kept of all council records
inspected.
I
The Information Commissioners full advice is as follows:
Organisations must have a legitimate condition for processing before they can
process any personal data and the disclosure of information to Electoral
Registration Officers is a form of processing. The conditions can be found in
Schedule 2 and, in the case of sensitive personal data, Schedule 3 of the
DPA. The relevant conditions for these circumstances would be for the
exercise of any functions conferred on any person by or under any enactment
(Schedule 2(5)(b) and Schedule 3(7)(1)(b)) and it may be helpful for Electoral
Registration Officers to refer their local authorities to these conditions.
Local authorities should also refer to Section 35(1) of the DPA, which states:
Personal data are exempt from the non-disclosure provisions where the
disclosure is required by or under any enactment, by any rule of law or by the
order of a court. In general the non-disclosure provisions can be defined as
the sections of the DPA which are designed to protect personal data from
unlawful disclosure. They are the fair and lawful processing aspects of the first
principle; the second, third, fourth and fifth principles, Sections 10, 14(1) and
(3).
2.8 Records held by the local authority and the registrar of births and deaths
are likely to contain personal data about individuals and so any inspection
should comply with the Data Protection Act 1998. The Commission
recommends that Electoral Registration Officers liaise with the Data
2.9 The Electoral Registration Officer should be aware of the potential risks
of storing personal data, whether kept electronically or in hard copy format,
and appropriate office procedures should be in place for ensuring the security
of this data. It may be advisable to seek advice from the appointing authoritys
Data Protection Officer and from the IT department as to what appropriate
procedures could be adopted in order to mitigate the risks to the security of
the data.
2.12 Information gathered from a third party should be treated with some
caution as it may not be as reliable as information gathered directly from the
householder or applicant. It is therefore recommended that information
obtained from a third party be cross-checked where possible in order to
validate it. If this is not possible, a record should be kept of the source of the
information and the steps that were taken to obtain it.
2.14 The items which should be accepted by the Electoral Registration Officer
as evidence of a persons age or nationality include: 8
6
Regulation 23, RPR 2001.
7
Regulation 24, RPR 2001.
8
Regulation 24(2), RPR 2001.
9
Regulation 24(3), RPR 2001.
10
Regulation 23, RPR 2001.
11
Regulation 23(3), RPR 2001; Regulation 23(2), RPR (Scotland) 2001.
12
Section 13D, RPA 1983.
2.19 It is essential that all properties are placed in the correct polling district in
order to avoid electors being included in the wrong electoral area. Particular
care will need to be taken in this regard in respect of new properties.
Inspection of other local authority records such as mapping systems can be
used to help to ensure the correct placement of all properties within the
property database.
2.20 Liaison with the following departments will also assist in the provision of
accurate property data.
2.21 Council tax: The Valuation Office will supply the council tax office with
details of changes to rateable values for properties, for example when
properties are newly converted, built or demolished. A copy of this information
could be requested by the Electoral Registration Officer.
S
In Scotland, the process of checking council tax records is facilitated
by the fact that most Electoral Registration Officers are also Assessors
with responsibility for making up for their area both the valuation roll
for the purpose of non-domestic rates and the valuation list for council tax.
2.25 In addition, a local authority will maintain a public register of the licences
it has granted, which must contain the number of rooms in the HMO providing:
sleeping, and
living accommodation (or, in the case of an HMO comprising flats, the
number of flats)
2.26 Similarly, in Scotland, landlords must supply the local authority with
specific information regarding HMOs, and in turn local authorities are required
to maintain public registers containing information regarding HMO licences for
living accommodation in their area.
2.28 Planning and building control: Planning consent and building control
information may be of value to Electoral Registration Officers in maintaining
their property database. The development control section should be able to
supply regular lists of consents. Some of the information on the full list of
consents, such as non-residential or listed building consents, may be
irrelevant to the Electoral Registration Officer, and so care should be taken
not to add any information that is irrelevant to the property database.
2.30 Inspection of building control records can also give an indication of the
state of progress of new developments and whether they are ready for
residential occupation.
2.31 Local land and property gazetteers (LLPGs) and corporate address
gazetteers (CAGs): LLPGs in England and Wales and CAGs in Scotland are
becoming increasingly common in local authorities, and indeed many
authorities are moving towards a single corporate property database
maintained by a gazetteer custodian. In such cases, it may not be possible for
the Electoral Registration Officer to have complete control over a dedicated
property database and so it is imperative that they work closely with the
gazetteer custodian to ensure quick and accurate updates to the electoral
registration property database. Where possible, Electoral Registration Officers
2.33 Street naming: Street naming and numbering orders will give
information about properties, new developments and any changes to road
names and numbering schemes within a street. If such information is not
already supplied by the department responsible for street naming and
numbering, Electoral Registration Officers should ask for it as it will be of
assistance in planning the canvass.
2.34 Social services: Social services will be able to provide current lists of
residential and care homes. Additionally, social services may be able to
provide details of certain disabled people living at home, such as those who
are blind, deaf, etc, which can enable the Electoral Registration Officer to
tailor the service they provide to such individuals.
2.37 External sources of information may also prove valuable. Royal Mail, for
example, can provide information on postcodes. Postcode updates are
published on an annual basis and can be downloaded free of charge from
www.royalmail.com/postcodeupdates. Electoral Registration Officers may also
obtain postcodes for particular addresses, or addresses for postcodes, at
www.royalmail.com.
2.38 Returned letters can be an indication that the addressee has moved or,
in some instances, may alert the Electoral Registration Officer to a fraudulent
2.39 Where poll cards are hand-delivered by electoral staff, this exercise can
also be used to conduct a mid-year check of the database.
3.2 Council tax records: Inspection of council tax records may enable a
personalised canvass or rolling registration form to be sent to a person named
in the record rather than being sent to The Occupier. It may be the case,
however, that the person named in the council tax record is not eligible to
register to vote, for example if they own the property but do not reside there.
Council tax records can also be used to provide evidence that a property is
empty. Access to the records should include any screens that contain any
supplementary notes, as this detail may assist in clarifying who is resident at a
property.
3.6 Registrar of births and deaths: Electoral Registration Officers can use
information from the registrar to update the register of electors. There are,
however, limitations to the effectiveness of this exercise: for example,
registrars only record deaths within their registration area and this may not
coincide with the boundaries of the Electoral Registration Officer. It may
therefore be necessary to contact more than one registrar to get information
covering the whole of the registration area.
3.7 Recording deaths and altering the register accordingly reduces the
likelihood of sending a poll card or canvass form showing the name of a
deceased person, which will avoid causing distress to relatives of the
deceased. The names of deceased electors can be deleted from the register
as part of the monthly notice of alterations procedure.
3.8 Information received from the registrar about marriages could also be a
useful trigger for a notice of alteration form to be sent out in respect of a
surname change and may also indicate that there is an additional resident in
the property. Where an elector has an absent vote, a new absent vote
application form should also be mailed in order to enable the collection of the
new signature.
3.11 Residential homes: The wardens of accommodation for the elderly may
be helpful in providing information on changes of residents. Electoral
Registration Officers should consider keeping records of such establishments,
and indeed of other establishments such as hostels catering for those with
mental health conditions, in order to obtain information and to give residents
and wardens additional advice on the registration process.
3.13 Caravan parks: Some people may consider their caravan their second
home or indeed may live there on a permanent basis. Members of the
travelling community may also settle for a period of time at a caravan site. Site
managers of these parks should be contacted as they may be able to provide
Electoral Registration Officers with information on changes of residents.
3.14 Travellers may also settle at other locations designated by the local
authority. Officers at unitary and county councils will have responsibility for
maintaining these designated sites and may be able to assist Electoral
Registration Officers in identifying those who would be eligible to register.
A
For further details on the entitlement of travellers and second home
owners to be registered, see Part B, Entitlement to register.
3.15 Shelters, hostels and the homeless: The council department with
responsibility for the homeless should be able to provide details of shelters
and hostels. Shelter and other voluntary organisations operating in this area
A
For further consideration of citizenship and eligibility to register, see
Part B, Entitlement to register.
3.19 Outside the canvass period, rolling registration forms could be sent to
addresses where the Electoral Registration Officer becomes aware that there
may be new residents, for example through information obtained from land
charges or council tax records. Electoral Registration Officers may also
consider making registration forms available through estate agents or letting
agencies. Additionally, Electoral Registration Officers may consider it
appropriate to carry out personal canvassing of properties where it has been
identified that there may be new residents.
13
Section 9A(2)(c), RPA 1983.
Suspicious forms
What to look for?
4.2 Electoral staff are uniquely placed to identify fraud or attempted fraud.
They should be alert to:
A
For further consideration of waivers, see Part G, Absent voting.
Action to take
4.4 Should an Electoral Registration Officer receive an application for
registration which gives rise to suspicion, they have the power to ask for
further information to enable a decision on the application to be taken. 15
4.5 The following are some suggested approaches that the Electoral
Registration Officer should consider adopting in order to ensure that matters
of integrity are well-addressed:
14
Paragraphs 3(8), 4(5) and 7(11), Schedule 4, RPA 2000; Articles 9(7), 10(7) and 12(11),
Scottish Parliament Order; Articles 8(8), 9(5) and 12(12), NAW (RoP) Order 2007.
15
Regulation 29(3), RPR 2001.
A
For further consideration of hearings, see Part D, Monthly alterations
to the register.
Further action
4.7 The Electoral Registration Officer has no power to carry out further
investigations on applications still deemed to be suspicious following the
checking procedures described above. Any such applications should then be
referred to the police. The Commission can provide Electoral Registration
Officers with advice on when suspicions should be referred to the police and
with contact details of their local police Single Point of Contact (SPOC).
A
For further details on objections and reviews, see Part D, Monthly
alterations to the register.
16
Section 10A(3) and (3A), RPA 1983.
17
Regulations 31B and 31D, RPR 2001.
2 Overseas electors
Who may register?
Contents of application
Checking an application
The 15-year period
Processing of applications
Inclusion on the register
Renewal of declarations
Methods of voting
Maintenance of records
6 Anonymous registration
Introduction
Requirements for anonymous registration
Processing of applications
Types of documents and attestation
Inclusion on the register and records of anonymous electors
Methods of voting
Miscellaneous provisions concerning anonymous electors
Data collection
1 Introduction
1.1 Special category electors are primarily those who do not meet the
residence qualification required for registration as an ordinary elector but may
still obtain registration due to their particular circumstances. Additionally,
special category electors include persons whose safety would be at risk if they
were registered as ordinary electors.
1.3 The criteria for registering as a special category elector and the process
for doing so for each of the types of special category elector are set out below.
2.2 The first set covers a person who is or was included in a register of
Parliamentary electors in the UK, and: 1
that entry on the register was made on the basis that they were resident,
or treated for the purposes of registration as resident, at that address
that entry on the register was in force within 15 years of the date given
on the application to register as an overseas elector, and
they have not appeared in any other electoral register for any other
qualifying address since being last registered at the application address
2.3 The second set of conditions covers a person who was too young to be
included on the register at the time they left the UK and must: 2
have last lived in the UK within 15 years of the date given on their
application to register as an overseas elector
have been too young to have been included in a register of electors prior
to residing overseas
have the names of their parents or guardians included in a register of
electors for the address at which they were residing prior to living
overseas, and
have reached the age of 18 years within a period of 12 months starting
from the 1 December following their application
Contents of application
2.5 A person who is resident overseas and wishes to register as an
overseas elector must complete an application for registration and a
declaration as an overseas elector. The Electoral Registration Officer should
combine these into a single application form.
1
Section 1(3), RPA 1985.
2
Section 1(4), RPA 1985.
3
Regulation 4, RPR 2001.
2.7 The Electoral Commission has developed an application form for those
seeking to be registered as overseas electors which is available to download
from www.aboutmyvote.co.uk. The Commission also supplies forms to offices
of British consular or diplomatic missions for supply to British citizens.
Commission forms, or links to them, are also available on many UK mission
websites.
2.9 In either case, the declaration may not specify more than one UK
address. Where more than one declaration is made specifying different
addresses in the UK all the declarations are void. 7
4
Section 2(3) and (4), RPA 1985; Regulation 18, RPR 2001.
5
Section 2(4)(b), RPA 1985.
6
Section 2(4)(c), RPA 1985.
7
Section 2(4), RPA 1985.
8
Section 2(3), RPA 1985; Regulation 18(3) and (4), RPR 2001.
2.11 In the case where an applicant is not currently or has not previously
been registered as an overseas elector, when completing an overseas
declaration:
2.12 A person may only attest an overseas declaration if they are satisfied, to
the best of their knowledge and belief, that the applicant is a British citizen
who is not resident in the UK on the date of the declaration. A person attesting
an overseas declaration must record on it: 11
9
Regulation 18(5), RPR 2001.
10
Regulation 20(2), RPR 2001.
11
Regulation 20(4), RPR 2001.
the applicants birth certificate, which must contain the names of either or
both of their parents and include a reason for any name change between
the name on that document and the name on the register and the name
given on the application, or
a statement that they rely on their guardian being on the register and the
reason for any name change of that guardian
that the applicant is a British citizen and not subject to any legal
incapacity to vote (age apart)
that the particulars given in the application are true
2.15 In both cases, the applicant must sign the application. In addition, the
application form should include information on the opt-out provision, with the
prescribed wording, or a form of words to the same effect explaining about the
two versions of the register.
Checking an application
2.16 Overseas applications are more complicated than the ordinary elector
registration form and so it is important that detailed explanatory notes are
included with the application form. The error rate on such applications is
generally slightly higher than with ordinary registration applications; most
queries are, however, minor and are frequently concerned with the qualifying
address, the date of the declaration, the year in which the applicant was last
registered as an ordinary elector or the calculation of the 15-year period.
2.18 The applicant must sign the declaration, and failure to do so will result in
the form being returned to the applicant for completion.
2.22 Applications with declarations dated after the 15-year period must be
rejected, even if the applicant can prove that they were resident at the
address after the last registration date and within 15 years of the date of their
application. 15
2.23 Applicants applying on the basis that they were too young to have
registered must not have been able to have been included on the register;
they would not qualify if they should have been added as an attainer but were
not. For those who were too young to register, the 15-year period begins from
the date they claim to have left the UK as long as on that day a parent or
guardian appeared on the register for that qualifying address. Their birth
certificate should prove that they were too young to be included as an elector
or attainer.
13
Section 2(6), RPA 1985.
14
Section 2(2), RPA 1985.
15
Section 1(3)(c), RPA 1985.
First-time applications
2.26 The applications of all first-time applicants must have an attestation by a
British citizen. 16 The form should be returned to the applicant if it does not
contain an attestation. The address of the attester must indicate their
residence outside the UK. In instances where applicants claim that they do not
know any British citizens not related to them where they live, the form must
still be returned to the applicant. In such an instance, the applicant could be
directed to the nearest British consulate office for assistance.
2.28 If the applicant is not included on the register at the stated address for
the year shown in the application, it is suggested that a search be made of up
to two registers on either side of the year stated in the application.
Processing of applications
2.32 All applications should be given an initial assessment as quickly as
possible following their receipt. In the event that an application has to be
returned for further information this should be despatched by airmail. It is
advisable to take a copy of the application prior to returning the form to the
applicant.
2.33 The Electoral Registration Officer has the power to require an applicant
to supply further evidence relating to the applicants age and nationality. 18
Further information may also be requested on any other matter relating to
their eligibility for registration if considered necessary.
2.34 Electoral Registration Officers will need to retain copies of or have easy
access to past registers for the purpose of verifying entries.
16
Regulation 20, RPR 2001.
17
Regulation 19, RPR 2001.
18
Regulation 24, RPR 2001.
2.39 Where the applicant has not indicated in the declaration that they wish to
be treated as an absent voter, it is advisable to remind the applicant when
acknowledging that their application has been accepted that they have not
made provision to be treated as an absent voter. If any subsequent
application to vote by post or by proxy is received, the applicant must be
notified of the details of the absent voting arrangements made.
19
Regulation 22, RPR 2001.
20
Regulation 22, RPR 2001.
2.43 All overseas electors should be listed at the end of each relevant part of
the register beneath the heading other electors and must be shown without
an address. They must be grouped in alphabetical order together with any
service voters and persons registered in pursuance of a declaration of local
connection. 22 All overseas electors must have the letter F prefixed before their
name on the register unless they are a member of the House of Lords, in
which case the letter E should be placed against their name. Overseas
electors prefixed with the letter E may only vote at European Parliamentary
elections. 23
Renewal of declarations
2.44 Where a person is registered as an overseas elector, they are entitled to
remain registered until the end of the 12-month period beginning with the date
when the registration took effect, which will be either the date of a notice of
alteration or the publication of a revised register.
2.46 The deadline for receipt of the renewal is the application deadline for the
next update to the register as set out in Part D, Monthly alterations to the
register. If the application is late, the elector is deleted from the register. The
elector would then need to make a new application should they wish to be
included on the register again as an overseas elector. The Electoral
Registration Officer should send a new application form to such electors after
the deadline for return of the renewal, with a covering letter to explain that
21
Section 2(6), RPA 1985.
22
Regulation 41(3), RPR 2001.
23
Regulations 42 and 45(4), RPR 2001.
24
Regulation 25, RPR 2001.
i
Electoral Registration Officers should consider sending renewal forms
to overseas electors by email in addition to a hard copy posted
version. Overseas electors may change their address between making
declarations and email contact can go some way to ensure that electors can
be reached and to ensure that addresses and absent voting arrangements
remain accurate and up-to-date.
2.51 In the instance where the period of 15 years has expired, the overseas
elector should be notified by way of a letter that they no longer qualify to be
registered as an elector.
Methods of voting
2.52 Overseas electors prefixed with a letter F on the register may vote at a
UK Parliamentary or European Parliamentary election at their allotted polling
station if they are in the UK at the time of an election, provided that they have
not made arrangements to vote by post or their appointed proxy has not
applied to vote by post. Overseas electors prefixed with the letter E may only
vote in European Parliamentary elections. 25
25
Regulation 42, RPR 2001.
2.54 Many proxy appointments for overseas electors will be unable to vote in
person and should be given the opportunity to vote by post. This is particularly
important where an appointed proxy lives in a different electoral area. The
Electoral Registration Officer should send to the proxy an application to vote
by post. An application by an overseas elector for the appointment of a proxy
does not have to state whether it is for a definite or an indefinite period, and
no attestation is required.
2.55 Where an overseas elector has appointed a proxy to vote on their behalf,
and the proxy has applied to vote by post, the overseas elector will not be
permitted to vote in person at the allotted polling station in the event that they
are in the UK at the time of the election. Where the proxy has applied to vote
by post there is no requirement to send any notification to the elector. At the
next renewal the elector should be informed of their current absent vote status
and reminded that any cancellation must be made in writing and be received
by the Electoral Registration Officer no later than 11 working days before any
election.
A
For further information on absent voting, see Part G, Absent voting.
Maintenance of records
2.57 The Electoral Registration Officer should determine the most suitable
system for maintaining and filing overseas applications and their associated
absent voting records. Consideration needs to be given as to whether:
26
Regulation 59, RPR 2001.
A
Part H, Access and supply, describes the requirements to supply
copies of the list of overseas voters to certain individuals and bodies.
2.60 The duty to supply data copies of the list is a duty to supply only such
data recorded in the form in which they hold it. No data copy may include
information not included in the printed version. 28
27
Regulation 45, RPR 2001.
28
Regulation 92(6), RPR 2001.
Members of HM Forces
3.3 Members of HM Forces and their spouses or civil partners can either
register by means of a service declaration or choose to be registered as an
ordinary elector instead.
A
Service voter registration forms are available on the Commissions
website at www.aboutmyvote.co.uk
3.6 When a person is not qualified to be a service voter for one of these
reasons listed above they are deemed to be resident at any UK qualifying
address at which they have been resident. They can therefore be registered
as an ordinary elector while outside the UK on duty. 31
3.7 Contact with a service voter should be made direct to them at their last
known service address or at the address at which they are registered as an
elector.
29
Section 14(1), RPA 1983.
30
Section 59(1), RPA 1983.
31
Section 59(2), RPA 1983.
Entitlement to register
3.9 Members of HM Forces and their spouses or civil partners may apply to
register at any time throughout the year, either as an ordinary elector or as a
service voter.
As an ordinary elector
3.10 Applications to be registered as an ordinary elector by a member of HM
Forces and their spouse or civil partner are dealt with as those of any other
ordinary elector.
3.11 As long as the applicant meets the age and nationality qualifications for
registration, a member of HM Forces serving overseas would be entitled to be
registered as an ordinary elector in respect of an address where they are
deemed to be resident in the UK. 33 Further consideration of persons away
from their residence due to their employment and their ability to register as
ordinary electors at that address is contained in Part B, Entitlement to
register.
3.12 Members of HM Forces and their spouses or civil partners may cancel
their registration as ordinary electors at any time by submitting an application
to be registered for a different address either as an ordinary elector or by
making a service voter application.
32
A unit could be a base, ship, depot, barracks, etc.
33
Section 5(3), RPA 1983.
3.15 Service personnel who are qualifying Commonwealth citizens, who have
been recruited to the services in their country of origin or outside the UK
without previously being resident in the UK, but who receive their training in
the UK and are then immediately posted overseas may register at:
the address of the barracks where they were enlisted and/or did their
training
a barracks where they were or would be resident if they were not posted
abroad
their regimental headquarters where they may have been resident
an address in the UK where they would be resident were they no longer
in the forces or not required to be resident in barracks, such as a
relatives address
34
Section 16, RPA 1983.
35
Section 15(9), RPA 1983; Article 2, The Service Voters Registration Period Order 2010.
36
Section 15(7), RPA 1983.
37
Section 15(2), RPA 1983.
Processing of declarations
3.22 All service declarations should be processed as soon as possible after
receipt. If the qualifying address is outside the Electoral Registration Officers
area it should be forwarded to the relevant Electoral Registration Officer
without delay.
3.23 The application does not have to contain information on the full and
edited registers and a decision as to whether to opt out of having their details
appear on the edited register in order to be a valid application. If, however, the
38
Section 15(5), RPA 1983.
39
Section 15(8), RPA 1983.
40
Section 16, RPA 1983; Regulation 15, RPR 2001.
3.28 The reminder must be sent between 57 and 58 months after the date
when the service entry first takes effect. 43
3.29 Reminders must not be sent where the Electoral Registration Officer has
received information that the person is no longer entitled to make the relevant
declaration or no longer wishes to be registered as a service voter. Electoral
Registration Officers will need to maintain a record showing when reminders
are due to be sent to service voters. Computer systems should be capable of
recording such information and producing reminders for relevant electors on a
monthly basis.
41
Regulation 17, RPR 2001.
42
Regulation 25, RPR 2001.
43
Regulation 25(3)(b), RPR 2001.
i
Although service declarations from HM Forces remain valid for five
years, given the mobility of service personnel, the Commission
recommends that HM Forces service voters are contacted annually to
ensure that details such as service addresses and absent voting
arrangements remain accurate and up-to-date.
3.33 Service voters should be listed as other electors with no address if the
service voters declaration has given an address at which they have resided,
but it is not an address at which they are or would be residing but for the
circumstances entitling them to make such a declaration. 44
3.34 Where service voters have given the qualifying address in their
declaration as that at which they have previously resided, their names are to
be listed in alphabetical order at the end of the relevant polling district of the
register beneath the other electors heading. The entry will show their name
and elector number but not their address.
3.35 Some service voters will be either living at their qualifying address or
would be living there were it not for the fact that they were stationed
elsewhere because of their employment in the services. In this case, the
electors details must be shown in the main body of the register, in the same
way as those of ordinary electors. Service voters who have indicated in their
declaration that they would be resident at their qualifying address in the UK if
they were not in the service should be included on the register in the same
manner as any ordinary elector.
44
Regulation 40, RPR 2001.
Methods of voting
3.38 Service voters who are able to attend their allotted polling station at the
time of an election may vote there if:
3.39 When any appointed proxy has not applied to vote by post, the service
voter may vote in person if they attend the polling station before their proxy.
3.40 Postal and proxy arrangements may be cancelled by the service voter at
any time by a written cancellation. The requirement to cancel an arrangement
11 working days prior to a particular election in order to be effective at that
election should be highlighted on the annual communications sent to the
service voter.
3.41 The cancellation of a service declaration will cancel any postal or proxy
voting arrangement made in connection with that declaration even if the
elector makes an application to register as an ordinary elector at the same
qualifying address.
A
For further information on absent voting, see Part G, Absent voting.
All service voters (registered by declaration) are able to vote by post or
proxy without the need for attestation.
4.3 Spouses and civil partners of Crown servants and British Council
employees residing in the UK do not qualify for this type of registration.
Entitlement to register
4.4 Crown servants and British Council employees abroad and their spouse
or civil partner who is accompanying them can be registered at any time, but
only in pursuance of a declaration, referred to throughout this guidance as a
Crown Servant declaration.
As an ordinary elector
4.5 Applications to be registered as an ordinary elector by a Crown servant
or British Council employee posted overseas and their spouse or civil partner
are dealt with as those of any other ordinary elector.
4.6 As long as the applicant meets the age and nationality qualifications for
registration, a Crown servant or British Council employee abroad would be
entitled to be registered as an ordinary elector in respect of an address where
they are deemed to be resident in the UK. 46 Further consideration of persons
away from their residence due to their employment and their ability to register
as ordinary electors at that address is contained in Part B, Entitlement to
register.
4.7 Crown servants and British Council employees and their spouse or civil
partner can cancel their registration as ordinary electors at any time by
submitting an application to be registered for a different address either as an
ordinary elector or by making a special category elector application.
45
Section 14(1)(b), (c) and (e), RPA 1983.
46
Section 5(3), RPA 1983.
Validity of declarations
4.9 Crown Servant declarations made by Crown servants, British Council
employees or their spouse or civil partner have a validity of 12 months. 47 The
elector may, however, cancel their declaration at any time. 48
A
The Commission has produced an application form that may be used.
This is available from www.aboutmyvote.co.uk
47
Section 15(2)(a), RPA 1983.
48
Section 15(7), RPA 1983.
49
Regulation 16(2) and (3), RPR 2001.
50
Section 15(5), RPA 1983.
51
Section 15(8), RPA 1983.
Processing of declarations
4.17 All Crown Servant declarations should be processed as soon as possible
after receipt. If the qualifying address is outside the Electoral Registration
Officers area it should be forwarded to the relevant Electoral Registration
Officer without delay.
4.18 The application does not have to contain information on the full and
edited registers and a decision as to whether to opt out of having the
applicants details appear on the edited register in order to be a valid
application. If, however, the application form used does not contain any
information or decision on the opt out, the Electoral Registration Officer must
send the applicant the prescribed wording or a form of words to the same
effect explaining about the two versions of the register, with a written
explanation that the applicant must reply within 21 days with a written request
if they wish to be excluded from the edited register. This does not have any
52
Section 16, RPA 1983; Regulation 15, RPR 2001.
4.23 The reminder must be sent between 9 and 10 months after the date
when the entry on the register first took effect. 55
4.24 Reminders must not be sent where the Electoral Registration Officer has
received information that the person is no longer entitled to make the relevant
declaration or no longer wishes to be registered as a Crown servant elector
voter. Electoral Registration Officers will need to maintain a record showing
when reminders are due to be sent to Crown servant electors. Computer
systems should be capable of recording such information and producing
reminders for relevant electors on a monthly basis.
4.29 Where Crown servant electors have given the qualifying address in their
declaration as that at which they have previously resided, their names are to
be listed in alphabetical order at the end of the relevant polling district of the
register beneath the other electors heading. The entry will show their name
and elector number but not their address.
4.30 Some Crown servant electors either will be living at their qualifying
address or would be living there were it not for the fact that they were
stationed elsewhere because of their employment. In this case, the electors
details must be shown in the main body of the register, in the same way as
those of ordinary electors. Crown servant electors who have indicated in their
declaration that they would be resident at their qualifying address in the UK if
they were not in their current position should be included on the register in the
same manner as any ordinary elector.
4.31 Persons qualified to be a Crown servant elector but who have chosen to
be registered as ordinary electors are to be included on the register in the
same way as any ordinary elector.
Maintenance of records
4.32 The Electoral Registration Officer should determine the most suitable
system for maintaining and filing Crown servant applications, declarations and
their associated absent voting records. Consideration needs to be given to
whether:
56
Regulation 40, RPR 2001.
4.34 When any appointed proxy has not applied to vote by post, the Crown
servant elector may vote in person if they attend the polling station before
their proxy.
4.35 Postal and proxy arrangements may be cancelled by the Crown servant
elector at any time by a written cancellation but the requirement to cancel an
arrangement 11 working days prior to a particular election should be
mentioned on the annual communications to the Crown servant elector.
A
For further information on absent voting, see Part G, Absent voting.
All Crown servant electors (registered by declaration) are able to vote
by post or proxy without the need for attestation.
5.2 Patients in mental hospitals who are detained offenders are not legally
capable of voting and so cannot be registered, whether as an ordinary elector
or by way of a declaration of local connection. 58
5.3 Persons with a mental health problem resident at an address other than
a mental hospital or special establishment for reception of such persons
should be registered as an ordinary elector.
Remand prisoners
5.5 Persons remanded in custody, excluding convicted prisoners, who are
detained in a penal institution or other place for custodial purposes, are
entitled to be registered as electors at the place at which they are detained,
provided that the period of their detention at that address is sufficient to
enable them to be regarded as having a residence there. 61 A person who is
not qualified by virtue of residence at any place other than where they are
detained may choose to register by means of a declaration of local connection
in respect of the address at which they would be living were they not detained
or an address at which they had previously resided. 62
57
Sections 7 and 7B, RPA 1983.
58
Sections 3A and 4, RPA 1983.
59
Section 10(3)(a), RPA 1983.
60
Section 9, RPA 1983.
61
Section 7A(2), RPA 1983.
62
Section 7B, RPA 1983.
5.7 A person with no fixed address may be registered at the address of, or
which is nearest to, a place in the UK where they commonly spend a
substantial part of their time (whether during the day or night). 63 This address
may be, for example, a park bench, a bus shelter or the doorway to a high
street store. They cannot be registered as ordinary electors.
5.8 One of the most productive methods of contacting people who may be
entitled to register in this way is through the agencies that work with them.
Contacts with homeless charities and organisations, wardens of day centres
and drop-in centres, hostels and other similar places could provide a range of
information relating to people who may be entitled to be registered in
pursuance of a declaration of local connection.
5.10 When the boat, houseboat or other residence has a permanent mooring,
the residents must be registered as ordinary electors. The property itself must
also be canvassed and treated as a qualifying address.
5.11 If the boat or other residence does not have a permanent mooring, the
residents, on application, should be registered by means of a declaration of
local connection. The electors should be registered at a place they spend the
most time or where they have some connection, such as the area where they
were last permanently registered or any boatyard they may use for
maintenance.
Submission of declaration
5.12 Declarations of local connection can be made at any time throughout the
year and must be accompanied by an application to register; these should be
combined into a single application form. 64 Successful applicants are added to
the register based on the timetable for rolling registration as described in Part
D, Monthly alterations to the register.
Validity of declaration
5.14 A declaration of local connection is valid for 12 months from the date
when the entry on the register first takes effect. 66 The elector may cancel their
declaration at any time. 67 An entry on the register relating to a declaration of
local connection can be removed by the Electoral Registration Officer if the
applicant submits a fresh declaration in respect of the same or a different
qualifying address. If a person is registered in pursuance of a declaration of
local connection this does not preclude that elector from registering as an
ordinary elector at a different qualifying address during the 12 months during
which the declaration is effective, although where this is the case the
declaration ceases to have effect.
Contents of declaration
5.16 A declaration of local connection must be signed and dated by the
applicant and state: 69
65
Section 7B(6), RPA 1983.
66
Section 7C(2)(a), RPA 1983.
67
Section 7B(9), RPA 1983.
68
Section 7B(10), RPA 1983.
69
Section 7B, RPA 1983.
Processing of declarations
5.17 All applications should be given an initial assessment as quickly as
possible upon receipt. If there is no reason to ask for evidence of age or
nationality or more information on any other registration matter the application
should be determined before the next determination deadline.
5.18 Where the qualifying address is not in the Electoral Registration Officers
area, the application should be forwarded to the relevant Electoral
Registration Officer without delay.
5.20 The application does not have to contain information on the full and
edited registers and a decision as to whether to opt out of having the
applicants details appear on the edited register in order to be a valid
application. If, however, the application form used does not contain any
information or decision on the opt-out, the Electoral Registration Officer must
send the applicant the prescribed wording or a form of words to the same
effect explaining about the two versions of the register, with a written
explanation that the applicant must reply within 21 days with a written request
if they wish to be excluded from the edited register. This does not have any
impact on the processing of their application to register and does not delay
their application.
Renewal of declarations
5.21 The Electoral Registration Officer is required to issue to every person
registered in pursuance of a declaration of local connection a reminder of the
need to make a fresh declaration if they wish to remain registered as a voter
and their circumstances remain unchanged. 70 The reminder is to be issued to
the elector in the period beginning nine months after the date when the
existing entry on the register first takes effect and ending 10 months after that
date.
70
Regulation 25, RPR 2001.
Methods of voting
5.25 Electors registered by means of a declaration of local connection may
vote using the same methods as ordinary electors. It may be useful to include
an absent voting application with declaration forms.
71
Regulation 40, RPR 2001.
72
Regulation 41, RPR 2001.
6.3 Applications must be signed and dated by the applicant and must
contain: 73
6.4 All applicants must satisfy the Electoral Registration Officer that their
safety or that of any other person in the same household would be at risk if
their details were made public. To prove this there is a test that must be
passed to the satisfaction of the Electoral Registration Officer called the
safety test. The safety test is that the safety of the applicant for an
anonymous entry or that of any person of the same household would be at
risk if the register contains the name of the applicant or his qualifying
address. 74
73
Regulation 31G, RPR 2001.
74
Section 9B(10), RPA 1983.
6.6 The Electoral Registration Officer should not involve themselves in the
personal circumstances of applicants and decisions on the safety test should
rely on the presence and content of the accompanying documents. The
Electoral Registration Officer should be satisfied that those documents are
genuine.
6.7 Someone living in the same household as a person who qualifies for
anonymous registration also qualifies for anonymous registration. Their
application must contain the evidence required to meet the safety test of the
person who qualifies as well as evidence that they reside in the same
household. 76 Evidence could be a utility bill, bank statement, photocard
driving licence, etc. It is suggested that the applicant should be advised that
others in their household can apply, although the other residents must not be
contacted directly in order to protect the applicant.
Processing of applications
6.9 These applications do not have the same type of public scrutiny as other
electoral registration applications as people may not inspect the name and
address supplied by an applicant for anonymous registration. The Electoral
Registration Officer should therefore be particularly proactive in being satisfied
that all the requirements for registration are met.
6.11 The application deadlines are different from those for ordinary
registration applications as there is no requirement for a five-day objections
period. Applications may, therefore, be received after the deadline for ordinary
registration for the same notice of alteration or revised register. It is important
75
Regulations 31G, 31I and 31H, RPR 2001.
76
Regulation 31G(4), RPR 2001.
77
Regulation 31G(6), RPR 2001.
78
Regulation 24, RPR 2001.
i
Applications should be date-stamped on the day they are determined
as well as on the date they are received. The deadlines by which the
determination must be made to be included in any notice of alteration
or revised register are discussed in Part D, Monthly alterations to the
register.
6.12 The Electoral Registration Officer must be satisfied that the elector
meets the attestation or documentary evidence requirement so that the safety
test is met in addition to the normal registration requirements. Therefore, the
Electoral Registration Officer should not publish a deadline for completion of
any anonymous application as applications received on the determination
deadline may be incomplete or any check as to the evidence given or other
registration particulars may mean that such applications cannot be added to
the register at that time. Applications should be given an initial assessment as
soon as practicable so that the formal determination can be made in time for
the next publication deadline.
6.14 Many potential applicants are not currently registered or may not want to
register if there is any possibility that their privacy could be compromised.
They may not use the new system if they feel that their name would be
published should they make a mistake on the anonymous application form.
The law therefore is clear that they must not be added to the register at all if
the anonymous part of the application fails. 81
79
Regulation 29(2B), RPR 2001.
80
Regulation 28(2), RPR 2001.
81
Section 9B(6), RPA 1983.
6.18 In practice an application from a canvass form may include a note asking
for more privacy with a reason that may satisfy the requirements for
anonymous registration. An anonymous registration application should then
be sent. Upon receipt of a completed anonymous registration application form
the original canvass form is then suspended (for the anonymous applicant
only) until the anonymous application is determined.
6.21 Registration lasts for 12 months from the day the anonymous entry is
first made on the register (the date of the notice of alteration). Once that
period of 12 months has ended, the registration is removed on the next notice
of alteration subject to the standard application deadline (note that this is not
the special anonymous application deadline). Applications can be removed
earlier by cancellation from the elector or a review of registration. 83
6.22 The Electoral Registration Officer must send a reminder between 9 and
10 months after the date of first registration (and each anniversary). 84 The
reminder must explain that a new application must be made and, if the elector
wants to remain registered anonymously, must be accompanied by a new
application for an anonymous entry.
82
Section 9B(6), RPA 1983.
83
Section 9C, RPA 1983.
84
Regulation 25A, RPR 2001.
6.25 In England and Wales, the Ministry of Justice has made arrangements
so that anonymous registration appeals, which can only arise from reviews or
the original application, should be heard in private. 86 Equivalent arrangements
are in place in Scotland. 87 Further information can be found in Part D,
Monthly alterations to the register, Section 7, Hearings.
6.27 Any court order or injunction must be for the protection or the benefit of
the applicant or another person of the same household. The order must also
be in force on the day of the application but not necessarily for the whole 12-
month period of registration. 90 An order ceasing to be in force during the 12-
month period of registration does not reduce or otherwise affect the length of
registration. A copy rather than the original of any court document being relied
on is acceptable. 91
85
Section 10A(3B), RPA 1983.
86
Paragraphs 24 and 25, Civil Procedure Rules, Practice Direction 52 (applicable to all
appeals in England and Wales). Paragraph 24(5)(8) of the Practice Direction provides that the
hearing of appeals by the county court for anonymous registration will be in private unless the
court orders otherwise and paragraph 24(5)(9) contains similar provision for appeals to the
Court of Appeal.
87
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules)
Amendment (Registration Appeals) 2008.
88
Regulation 31G(1)(c), RPR 2001.
89
Regulation 31G(3), RPR 2001.
90
Regulation 31I(5), RPR 2001.
91
Regulation 31I(2), RPR 2001.
92
Regulation 31I(3), RPR 2001.
6.29 If an attestation is used it must certify that if the name and/or address
were on the register the applicants or another member of the same
households safety would be at risk. Attestations must be signed and dated
by a qualifying officer. 93 The period of the attestation begins on the date
stated and lasts for a period of between one and five years. The actual length
must be stated within the attestation. 94 The Commission has produced an
anonymous registration application form which contains an attestation.
93
Regulation 31J(2), RPR 2001.
94
Regulation 31J(3), RPR 2001.
95
Regulation 31J(4), RPR 2001.
6.36 The Electoral Registration Officer must keep a special list, the record of
anonymous entries, of those people with an anonymous entry. This shall
contain the electoral number, full name, address, correspondence address (if
any) and date that the registration first took effect. 97 The utmost security must
be applied to this list and no unauthorised access must be allowed (see
Access and supply issues below). Absent vote delivery address details
should be kept on the anonymous record. 98
96
Regulation 41A, RPR 2001.
97
Regulation 45A, RPR 2001.
98
Regulation 45A(4), RPR 2001.
99
Regulation 45G, RPR 2001; Regulation 45F, RPR (Scotland) 2001.
I, the Electoral Registration Officer for [name of area], certify that the person
named below has an anonymous entry.
Name:
Qualifying address:
Elector number:
Signed:
[Name]
Electoral Registration Officer
Political donations
Only people who are on the electoral register may donate or loan money to a
registered political party (or other regulated person or organisation) in Great
Britain. As your name and address is not included on the register you will
need to show and possibly supply a copy of this certificate to the regulated
person or body if you wish to donate or loan money. Remember that the
decision on handing over your details is yours but if you do not supply a copy
of this certificate you will not be able to donate or loan money.
a
For more information see Part G, Absent voting. The absent voting
lists must, for anonymous electors and their proxies, contain only the
electoral number and the period for which the absent vote is in effect,
but not any address. At an election, the copy of the absent voting lists to
enable postal vote issuing and marking the return of postal votes contains
only the electoral number. The address to which the ballot pack will be sent
must not be on that list and all correspondence must be sent in an
unidentifiable envelope. 100
6.39 The edited register must not contain an anonymous entry. All
anonymous electors are automatically opted out. 101 No action is required if an
anonymous application form does not contain information on the opt-out.
6.41 Access is allowed only to the following persons and organisations that
have a duty to ensure that the record is kept securely and used only for
prescribed uses:
6.42 When the lists of postal and proxy voters are inspected or supplied, only
the electoral number and duration of the absent vote of any anonymous
elector can be shown or supplied. This is because the lists can only include
this information. Marked lists mirror this by containing only the electoral
number.
100
Section 9B(8), RPA 1983.
101
Regulation 93(2A), RPR 2001.
102
Regulation 45C, RPR 2001.
103
Regulation 45D, RPR 2001.
104
Regulation 45E, RPR 2001; Regulation 45D, RPR (Scotland) 2001.
105
Regulation 45F, RPR 2001; Regulation 45E, RPR (Scotland) 2001.
6.44 As anonymously registered electors are required to have their poll card
to vote, a process to create replacement poll cards should be put in place.
Such replacement should be made after appropriate security checks have
been made. These checks should mirror the checks made before the
replacement of a lost postal vote.
6.47 Postal votes must be sent to the address given in the postal vote
application in a plain envelope. The Returning Officer should require the list of
anonymous electors for this purpose and the Electoral Registration Officer
should keep the absent voting details up-to-date.
106
Section 65(2A), PPERA.
6.51 Anonymous registration does not affect any other special category
elector entitlement and can be combined. For example, a person may be an
anonymous elector with a local connection or an anonymous service voter if
they meet the qualification for both registrations. They would appear on the
register as other anonymously registered electors after the other declaration
electors.
Data collection
6.52 The Commissions research department intends to produce statistics on
anonymous registration. They are interested in the reasons given by
applicants for their application, the type of evidence given and if the Electoral
Registration Officer accepted or rejected the application and the reason for
any rejection. This data will aid with any further guidance for administrators in
the processing of applications and in understanding how this new type of
registration is working.
6.53 Please send returns in the format below in December and May each
year (after publication of revision/update of the register) to
anonymousregistration@electoralcommission.org.uk or post to Research
Team, The Electoral Commission, Trevelyan House, Great Peter Street,
London SW1P 2HW. Please also send in any nil returns so that the data will
be complete.
Local authority
Date of Reason given Evidence Accept/reject Reason for
application provided if accepted, rejection
date of
registration
4 Proxy voting
Proxy applications for a definite or indefinite period
Proxy applications for a particular election
Applying to vote by proxy
Attestation
Qualifications for acting as proxy
Acknowledging proxy and postal proxy applications
Voting by post as proxy
Changing or cancelling proxy arrangements
Proxies for medical emergencies
Enquiries
5 Postal voting
Applying to vote by post
Advising applicants of the outcome of postal vote
applications
Redirection of postal ballot papers
Name changes
Changes or cancellation of postal voting arrangements
6 Waivers
10 Resources
Instructions to temporary staff involved in the receipt and
checking of absent vote application forms
Applications
Eligibility
1.1 Any elector on the register of electors can apply to be an absent voter for
those elections in which they are eligible to vote. Applications for an absent
vote (postal or proxy) can be made for an indefinite period, for a definite
period or for a particular election.
1.2 All registered electors have the option to vote by post. In the case of
applications to vote by proxy, however, there are requirements to be met in
terms of the reasons for the application and attestation, which depend on
whether the application is for a single election or for a longer period.
A
Full details of the requirements for proxy applications are provided in
Section 4, Proxy voting.
1
Regulation 51, RPR 2001; Paragraph 1, Schedule 1, NAW (RoP) Order 2007; Regulation 3,
RP (AV) (Scotland) Regulations; Paragraph 1, Schedule 3, Scottish Parliament Order.
1.6 Although there is no prescribed form for applying for an absent vote, the
regulations require that on an application the personal identifiers (i.e. the
signature and date of birth) are set out in a manner that is sufficiently clear
and unambiguous as to allow electronic scanning into the Electoral
Registration Officers record, by configuring the information as follows:3
1.9 Electoral Registration Officers must accept any application that arrives in
the prescribed format i.e. with the date of birth and signature fields as
prescribed.4 Whatever software system is used must be able to accept
applications if these provisions are fulfilled, and applications should not be
rejected on the grounds that they are not made on a form produced by the
Electoral Registration Officer.
1.10 The location of the signature and date of birth on an application is not
prescribed. If the signature and date of birth fields are set out so as to meet
the size, format and contrast requirements outlined above, wherever the fields
may be on the form, they must be deemed to be in accordance with the
regulations.
2
Regulation 51(2)(f), RPR 2001; Paragraph 1(1)(f), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1(1)(f), Schedule 3, Scottish Parliament Order.
3
Regulation 51(3A), RPR 2001; Paragraph 1(3), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1(1A), Schedule 3, Scottish Parliament Order.
4
Regulation 51(3A), RPR 2001; Paragraph 1(3), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1(1A), Schedule 3, Scottish Parliament Order.
1.12 Many Electoral Registration Officers design their own absent vote
application forms to suit their local circumstances. At the form design stage
care must be taken to ensure that the requirements are clear and can be
easily understood. For example, we would recommend that the date of birth
boxes be positioned above the signature on the form and that the space for
providing the date of the application is below the signature in order to reduce
the incidence of applications where the date of birth is not given correctly.
A
Basic guidelines on form design can be found in Part I, Accessibility
and participation.
A
Copies of the Commissions application forms are available at
www.electoralcommission.org.uk and can also be ordered free of
charge from our distributor. Order details can be found in Part A,
Context, Section 6, Resources.
1.14 Electoral Registration Officers might find it helpful to liaise with the local
political parties in order to ensure that they are aware of the requirements
governing the manner in which the fields to collect the applicants signature
and date of birth are to be set out and, if necessary, to provide them with a
suitable template for any applications that they may issue. The major political
parties have been informed of the agreed print constraints and have amended
their form design accordingly.
1.15 It is essential for Electoral Registration Officers to consider how they will
capture information from forms that they have not produced themselves and
from any valid applications received that are not provided on a specific form.
A
In the event of the Electoral Registration Officer having any contact
with candidates and agents, it should be explained that any party
workers collecting postal vote application forms from electors should
deliver the forms, without delay, directly to the Electoral Registration Officer.
5
Regulation 4, RPR 2001.
Receipt of applications
1.17 Absent vote applications must be made in writing. This includes
applications sent by fax as long as they are in a legible and unambiguous
form capable of being used for subsequent reference, and the personal
identifiers are set out in the prescribed manner.6 It is worth ensuring that there
is sufficient fax toner and paper in the electoral registration office, particularly
close to the deadline by which applications must be received in order to be
valid for a particular election.
A
Section 2, Absent voting timetable, below, sets out the deadlines by
which absent vote applications must be received by the Electoral
Registration Officer in order to be valid for a particular election.
1.21 Occasionally, electors will send their applications to the wrong Electoral
Registration Officer. Again, it is desirable to have in place robust
arrangements for the rapid, onward transmission of such forms. Telephone
calls and faxes may be necessary, particularly if the application is received
close to the closing date for a particular election.
6
Regulations 5 and 51(3A), RPR 2001; Paragraph 1(3), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1(1A), Schedule 3, Scottish Parliament Order.
A
A template of instructions for temporary staff involved in the receipt
and checking of absent vote application forms is provided in
Section 10, Resources.
Determining applications
1.24 As each application is received, it must be checked to ensure that the
elector is included, or will be included, on the relevant register of electors. A
person who is not included on the register is not entitled to vote and therefore
cannot vote by post or proxy.7 Applications for registration which have been
determined as valid are due to be included in the register, and so absent vote
applications may be accepted for such applicants even though they are not
electors until the publication date of the next revised version of the register or
notice of alteration as appropriate. Where possible, the elector
letters/numbers of each elector should be entered on the front of the form in
order to enable easy identification for checking.
1.25 Once the application has passed this initial check, it must be scrutinised
to ensure that it satisfies the prescribed requirements set out above.
1.26 Electors who apply for an absent vote are required to provide both their
date of birth and signature, or to obtain a waiver of the signature requirement
(see Section 6, Waivers). If applications, excluding those accompanied by a
waiver of the signature requirement, are received with only one identifier, the
Electoral Registration Officer should, where possible, make further enquiries
with a view to obtaining the missing identifier. If the missing identifier is not
submitted, the application must not be allowed.
7
Paragraphs 3(1)(a), 3(2)(b), 4(1)(a), 4(2)(b), 6(8)(a) and 7(5)(a), Schedule 4, RPA 2000;
Articles 8(1)(b), 9(1)(b), 11(6)(a), 11(7)(a) and 12(5)(a), NAW (RoP) Order 2007; Articles
9(1)(a), 9(2)(b), 10(1)(a), 10(2)(b), 11(7)(a) and 12(4)(a), Scottish Parliament Order.
I
It is important for Electoral Registration Officers to be vigilant as
regards emerging patterns of applications, particularly if they involve
ballot paper redirections to an address at which the elector is not
registered. If the reason for any particular application reveals circumstances
linking that application to others in the area or to a particular address, then
these should be reported to the police, even though the Electoral Registration
Officer may have no grounds on which to reject applications. In particular, it is
recommended that the Electoral Registration Officer agree with their police
single point of contact (SPOC) a threshold number of applications being
directed to any one address, and notify the police if this threshold is reached
without an explanation being apparent to the Electoral Registration Officer.
1.29 The precise method of recording accepted applications will depend upon
the systems used by individual Electoral Registration Officers. In the majority
of cases, computer systems will be used to store information. It may be helpful
to produce precise instructions for staff inputting data, particularly as it may
sometimes be necessary to draft in temporary staff to assist with the volume
of applications, such as in the run-up to an election.
8
Regulation 51A, RPR 2001; Paragraph 1(6), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1A, Schedule 3, Scottish Parliament Order. Regulation 4 of the RP (AV) (Scotland)
Regulations provides only for checking of signatures against those previously provided to the
Returning Officer or Electoral Registration Officer.
9
Regulation 57, RPR 2001; Paragraph 8, Schedule 1, NAW (RoP) Order 2007; Paragraph 8,
Schedule 3, Scottish Parliament Order; Regulation 12, RP (AV) (Scotland) Regulations.
A
The various deadlines for absent voting in relation to elections are set
out below in Section 2, Absent voting timetable.
Appeals
1.33 An appeal procedure is provided for persons whose applications are
disallowed by the Electoral Registration Officer.12 The person wishing to
appeal must give notice to the Electoral Registration Officer within 14 days of
the date of the decision on the application and must specify the grounds of
appeal. Electoral Registration Officers must immediately forward the notice to
the county court or, in Scotland, the Sheriff, together with a statement:
of the material facts which have, in their opinion, been established in the
case
of their decision upon the whole case, and
upon any point which may be specified as grounds of appeal
10
Regulations 56 and 57, RPR 2001; Paragraphs 7 and 8, Schedule 1, NAW (RoP) Order
2007; Paragraphs 7 and 8, Schedule 3, Scottish Parliament Order; Regulations 11 and 12,
RP (AV) (Scotland) Regulations.
11
Regulation 57(6), RPR 2001.
12
Regulation 58, RPR 2001; Paragraph 9, Schedule 1, NAW (RoP) Order 2007; Paragraph 9,
Schedule 3, Scottish Parliament Order; Regulation 13, RP (AV) (Scotland) Regulations.
1.35 The regulations do not specify the procedure that should be followed
should the court allow the appeal, but the Electoral Registration Officer should
be prepared to add the electors to the record and, if appropriate, to the list
prepared for an election. This may, however, be too late to send out a postal
vote for that particular election.
S
In Scotland, an appeal lies on any point of law, from any decision of
the Sheriff, to a court of three judges of the Court of Session.13
1.37 If the signature was received by the Electoral Registration Officer during
the transitional arrangements at the introduction of personal identifiers, the
age of the application is calculated from the date of the receipt of the notice
from the elector. The age of identifiers supplied by new applicants from 1
January 2007 in England and Wales and 8 February 2008 in Scotland is
based on the date on which the application was made.
1.38 Each year, only those signatures that are over five years old can be
renewed. This does not prevent, however, an absent voter from providing the
Electoral Registration Officer with a fresh signature at any time.15
13
Sections 56 and 57, RPA 1983; Article 5, Scottish Parliament Order.
14
Regulation 60A, RPR 2001; Paragraph 13, Schedule 1, NAW (RoP) Order 2007; Paragraph
11A, Schedule 3, Scottish Parliament Order.
15
Paragraph 7A(1), Schedule 4, RPA 2000; Article 13, NAW (RoP) Order 2007; Paragraph
1B, Schedule 3, Scottish Parliament Order.
2.3 Deadlines for absent voting are calculated by excluding dies non, which
are Saturdays, Sundays, Good Friday and any other bank holiday.17
Throughout this guidance, references to working days appear where the time
period in question is calculated by excluding dies non.
2.5 The deadline for new postal and postal proxy applications is also 5pm,
11 working days before the date of the poll.19
2.6 The deadline for new proxy (not postal proxy) applications (excluding
proxies on the grounds of medical emergencies) is 5pm, six working days
before the date of the poll.20
16
Regulation 56, RPR 2001; Paragraph 7, Schedule 1, NAW (RoP) Order 2007; Paragraph 7,
Schedule 3, Scottish Parliament Order; Regulation 11, RP (AV) (Scotland) Regulations.
17
Regulation 8, RPR 2001; Paragraph 7(6), Schedule 1, NAW (RoP) Order 2007; Paragraph
7(7), Schedule 3, Scottish Parliament Order; Regulation 11(7), RP (AV) (Scotland)
Regulations.
18
Regulation 56(1), (4) and (5), RPR 2001; Paragraph 7(4) and (5), Schedule 1, NAW (RoP)
Order 2007; Paragraph 7(1), (5) and (6), Schedule 3, Scottish Parliament Order; Regulation
11(1), (5) and (6), RP (AV) (Scotland) Regulations.
19
Regulation 56(1) and (4), RPR 2001; Paragraph 7(1), Schedule 1, NAW (RoP) Order 2007;
Paragraph 7(1) and (5), Schedule 3, Scottish Parliament Order; Regulation 11(1) and (5), RP
(AV) (Scotland) Regulations.
20
Regulation 56(2) and (3), RPR 2001; Paragraph 7(2), Schedule 1, NAW (RoP) Order 2007;
Paragraph 7(2) and (3), Schedule 3, Scottish Parliament Order; Regulation 11(2) and (3), RP
(AV) (Scotland) Regulations.
21
Regulation 55(2), RPR 2001; Paragraph 6(2), Schedule 1, NAW (RoP) Order 2007;
Paragraph 5(2), Schedule 3, Scottish Parliament Order; Regulation 10(2), RP (AV) (Scotland)
Regulations.
22
Regulation 56(3A), RPR 2001; Paragraph 7(3), Schedule 1, NAW (RoP) Order 2007;
Paragraph 7(4), Schedule 3, Scottish Parliament Order; Regulation 11(4)(a), RP (AV)
(Scotland) Regulations.
23
Regulations 55(4) and 56(3A), RPR 2001; Paragraphs 6(4) and 7(3), Schedule 1, NAW
(RoP) Order 2007; Paragraphs 5(4) and 7(4), Schedule 3, Scottish Parliament Order;
Regulations 10(4) and 11(4)(b), RP (AV) (Scotland) Regulations.
3.5 Application forms should be available all year round at the outlets
mentioned above and extra publicity undertaken as elections approach. For
elections in May, any additional publicity should start by the last week of
February in order to allow time for forms to be sent out, received back and
processed before the closing date.
3.6 Application forms could also be printed in council newsletters with details
of where to return the forms to, using a freepost address if possible. It may
also be helpful to include the closing date for the return of applications in
advance of a particular election and an indication of when postal votes are
likely to be dispatched.
blindness
other disability
occupation/employment/service/attendance on a course
registered as a service voter or overseas voter
registered as an anonymous elector
journey necessary by sea or air to get from the registered address to a
polling station
where only they have signed the form, include a statement stating that
they have consulted the proxy and that that person is able and willing to
be appointed as a proxy, or
where the proxy has also signed the form, include a statement by the
proxy stating that they are able and willing to be appointed as the
applicants proxy
4.7 All electors wishing to appoint a proxy are required to supply their
personal identifiers.32 If a person appointed as a proxy wishes to apply for a
29
Regulation 51, RPR 2001; Paragraph 1, Schedule 1, NAW (RoP) Order 2007; Paragraph 1,
Schedule 3, Scottish Parliament Order; Regulation 3, RP (AV) (Scotland) Regulations.
30
Regulations 51 and 52, RPR 2001; Paragraphs 1 and 3, Schedule 1, NAW (RoP) Order
2007; Paragraphs 1 and 6, Schedule 3, Scottish Parliament Order; Regulations 3 and 7, RP
(AV) (Scotland) Regulations.
31
Regulation 52, RPR 2001; Paragraph 3, Schedule 1, NAW (RoP) Order 2007; Paragraph 6,
Schedule 3, Scottish Parliament Order; Regulation 7, RP (AV) (Scotland) Regulations.
32
Paragraphs 3(2)(c) and 4(2)(c), Schedule 4, RPA 2000; Regulation 51, RPR 2001; Articles
8(1)(c) and 9(1)(c), NAW (RoP) Order 2007; Paragraph 1, Schedule 1, NAW (RoP) Order
2007; Articles 9 (2)(c) and 10(2)(c), Scottish Parliament Order; Paragraph 1, Schedule 3,
Scottish Parliament Order.
A
Practical advice regarding the waiver provisions can be found in
Section 6, Waivers, below.
Attestation
4.9 Those having to make a journey by sea or air to get to a polling station
do not require their application to be attested.35 The Electoral Registration
Officer will be able to verify whether a journey by sea or air is required to get
from the qualifying address to the relevant polling station from their own local
knowledge. This provision only covers journeys from the qualifying address to
the polling station and not any such journeys required due to being
temporarily absent from the qualifying address, such as being on holiday.
4.10 If a proxy application is being made for an indefinite or definite period for
reasons of blindness or other disability (excluding those who are registered
blind by the local authority or who are in receipt of the higher rate of the
mobility component of the disability living allowance) or occupation/
employment/service/attendance on a course, the application must be attested
by one of the people specified below.36
Disability or blindness
4.11
Forms should be attested by:
33
Paragraph 7(5)(c), Schedule 4, RPA 2000; Regulation 51, RPR 2001; Article 12(5)(c), NAW
(RoP) Order 2007; Paragraph 1, Schedule 1, NAW (RoP) Order 2007; Article 12(4), Scottish
Parliament Order; Paragraph 1, Schedule 3, Scottish Parliament Order.
34
Paragraphs 3(8), 4(5) and 7(11), Schedule 4, RPA 2000; Regulation 51(2)(f), RPR 2001;
Articles 8(8), 9(5) and 12(12), NAW (RoP) Order 2007; Paragraph 1(1)(f), Schedule 1, NAW
(RoP) Order 2007; Articles 9(7), 10(7) and 12(11), Scottish Parliament Order; Paragraph
1(1)(f), Schedule 3, Scottish Parliament Order.
35
Paragraph 3(3)(d), Schedule 4, RPA 2000; Article 8(2)(e), NAW (RoP) Order 2007; Article
9(3)(e), Scottish Parliament Order.
36
Regulations 53 and 54, RPR 2001; Paragraphs 4 and 5, Schedule 1, NAW (RoP) Order
2007; Paragraphs 3 and 4, Schedule 3, Scottish Parliament Order; Regulations 8 and 9, RP
(AV) (Scotland) Regulations.
4.12 An applicant who is registered blind does not have to have their
application attested if they specify that they are registered blind by the local
authority.37 Also, an applicant who states that they:
39
Regulation 53(4), RPR 2001; Paragraph 4(4), Schedule 1, NAW (RoP) Order 2007;
Paragraph 3(4), Schedule 3, Scottish Parliament Order; Regulation 8(4), RP (AV) (Scotland)
Regulations.
40
Regulation 53(5A), RPR 2001; Regulation 53(4A), RPR (Scotland) 2001; Paragraph 4(6),
Schedule 1, NAW (RoP) Order 2007; Paragraph 3(5), Schedule 3, Scottish Parliament Order;
Regulation 8(5), RP (AV) (Scotland) Regulations.
41
Regulation 54, RPR 2001; Paragraph 5, Schedule 1, NAW (RoP) Order 2007; Paragraph 4,
Schedule 3, Scottish Parliament Order; Regulation 9, RP (AV) (Scotland) Regulations.
s
There is no form of proxy paper prescribed in the Scottish Parliament
Order. However, Paragraph 8(3) of Schedule 3 allows Electoral
Registration Officers to combine a proxy paper for a Scottish
Parliamentary election with a proxy paper being issued in respect of any other
election.
4.21 Where the Electoral Registration Officer rejects an application, they must
notify the applicant of the decision and the reason for it.47
42
Paragraph 6, Schedule 4, RPA 2000; Article 11, NAW (RoP) Order 2007; Article 11,
Scottish Parliament Order.
43
Paragraph 6(6), Schedule 4, RPA 2000; Article 11(5), NAW (RoP) Order 2007; Article
11(5), Scottish Parliament Order.
44
Regulation 57(2), RPR 2001; Paragraph 8(2), Schedule 1, NAW (RoP) Order 2007;
Paragraph 8(2), Schedule 3, Scottish Parliament Order; Regulation 12(2), RP (AV) (Scotland)
Regulations.
45
Paragraph 6(9), Schedule 4, RPA 2000; Article 11(8), NAW (RoP) Order 2007; Article
11(8), Scottish Parliament Order.
46
Paragraph 6(9), Schedule 4, RPA 2000; Regulation 57(3) and Form E, RPR 2001;
Paragraph 8(3), Schedule 1 and Form CA, Schedule 10, NAW (RoP) Order 2007; Regulation
12(3) and Schedule, RP (AV) (Scotland) Regulations.
47
Regulation 57(4), RPR 2001; Paragraph 8(4), Schedule 3, Scottish Parliament Order;
Paragraph 8(4), Schedule 1, NAW (RoP) Order 2007; Regulation 12(4), RP (AV) (Scotland)
Regulations.
4.24 An elector can cancel or change their proxy appointment at any time by
giving notice to the Electoral Registration Officer. 51
4.25 A proxy may cancel their postal proxy vote at any time by giving notice to
the Electoral Registration Officer.52 A postal proxy vote is also cancelled in
those situations where either the elector who has appointed the proxy ceases
to be registered or the proxy appointment has been cancelled, whether or not
that person is later reappointed.53
4.26 An existing postal proxy voter can request at any time for their postal
ballot papers to be sent to a different address from that contained in the
absent voting record, as long as they provide a reason why their
circumstances are such as to require their ballot paper to be sent to that
address.54
48
Paragraph 7(1) and (3), Schedule 4, RPA 2000; Article 12(1) and (3), NAW (RoP) Order
2007; Article 12(1) and (3), Scottish Parliament Order.
49
Paragraph 7(5), Schedule 4, RPA 2000; Article 12(5), NAW (RoP) Order 2007; Article
12(4), Scottish Parliament Order.
50
Paragraph 3(5)(a), Schedule 4, RPA 2000; Article 8(5)(a), NAW (RoP) Order 2007; Article
9(5)(a), Scottish Parliament Order.
51
Paragraph 6(10), Schedule 4, RPA 2000; Article 11(9), NAW (RoP) Order 2007; Article
11(9), Scottish Parliament Order.
52
Paragraph 7(9)(a), Schedule 4, RPA 2000; Article 12(10)(a), NAW (RoP) Order 2007;
Article 12(9)(a), Scottish Parliament Order.
53
Paragraph 7(9)(b) and (c), Schedule 4, RPA 2000; Article 12(10)(c) and (d), NAW (RoP)
Order 2007; Article 12(9)(c) and (d), Scottish Parliament Order.
54
Paragraph 7(7), Schedule 4, RPA 2000; Regulation 51B, RPR 2001; Article 12(7), NAW
(RoP) Order 2007; Paragraph 1(8), Schedule 1, NAW (RoP) Order 2007; Article 12(6),
Scottish Parliament Order; Paragraph 2, Schedule 3, Scottish Parliament Order; Regulation 6,
RP (AV) (Scotland) Regulations.
55
Paragraph 3(5)(b), Schedule 4, RPA 2000; Article 8(5)(c), NAW (RoP) Order 2007; Article
9(5)(c), Scottish Parliament Order.
56
Paragraph 3(7), Schedule 4, RPA 2000; Article 8(7), NAW (RoP) Order 2007; Article 9(6),
Scottish Parliament Order.
I
An elector may appoint a proxy for a specific election up to 5pm on
polling day for that election if they became ill or disabled after 5pm on
the sixth working day before the day of the poll, i.e. if they could not
have applied for an absent vote under the normal procedure.
4.29 The application form must be attested by an appropriate person from the
list of persons shown above who may attest proxy applications made on the
grounds of disability. The application must include, to the best of the
knowledge and belief of the person attesting the form, the date that the person
became ill or disabled, which must be after 5pm on the sixth working day
before the applicable polling day if the application is to be accepted.57
4.30 The application must be made to the Electoral Registration Officer. If the
application is made on polling day, or after the list of proxies has been
dispatched to the polling station, it will be necessary to find a way to
communicate the information to the Presiding Officer at the polling station
where the proxy will be voting, as clearly they will not be on the list of proxies
originally supplied.
4.31 Local arrangements between the Electoral Registration Officer and the
Returning Officer will be required in order to determine how any emergency
proxy appointments will be notified to the Presiding Officer.
4.32 It is suggested that the proxy of any voter whose application has been
accepted should be given a letter authorising them to act as a proxy, which
should include details of the person for whom they are voting. The proxy
should be instructed to take that authorisation with them when they go to vote
and hand it to the Presiding Officer. The letter should then be retained with the
list of proxies as a record that the proxy has been issued with a ballot paper.
4.33 Every effort should be made to contact the appropriate Presiding Officer
directly to warn them that an emergency proxy has been appointed,
particularly as there is actually no requirement in law that the proxy must
provide any documentation in order to be permitted to vote on behalf of the
elector who is ill or disabled. Wherever possible, it is recommended that a
supplementary list of proxies be issued to the polling station, which should
then be added to the list originally supplied.
Enquiries
4.34 The Electoral Registration Officer is obliged to make enquiries of all
proxy vote applications granted on the specific grounds of occupation, service,
employment or attendance on an educational course within three years of
57
Regulations 55 and 56(3A), RPR 2001; Paragraphs 6 and 7(3), Schedule 1, NAW (RoP)
Order 2007; Paragraphs 5 and 7(4), Schedule 3, Scottish Parliament Order; Regulations 10
and 11(4), RP (AV) (Scotland) Regulations.
4.35 If an elector fails to respond to the enquiry within a period of one month,
the Electoral Registration Officer is entitled to regard this as sufficient
evidence of a material change of circumstances, and cancel the absent
vote.59 It is good practice that a letter is sent stating clearly the deadline for
replying and the consequences of not replying.
4.36 The Electoral Registration Officer may make enquiries of any person
granted a proxy vote on the grounds of blindness or other disability,
occupation, service, employment or attendance on an educational course at
any time in order to determine if there has been a material change of
circumstances.60
58
Regulation 60(2), RPR 2001; Paragraph 11(2), Schedule 1, NAW (RoP) Order 2007;
Regulation 15(2), RP (AV) (Scotland) Regulations. Paragraph 11, Schedule 3 of the Scottish
Parliament Order only requires such enquiries to be carried out at such times as the Electoral
Registration Officer sees fit.
59
Regulation 60(3), RPR 2001; Paragraph 11(3), Schedule 1, NAW (RoP) Order 2007;
Paragraph 11(2), Schedule 3, Scottish Parliament Order; Regulation 15(3), RP (AV)
(Scotland) Regulations.
60
Regulation 60(1), RPR 2001; Paragraph 11(1), Schedule 1, NAW (RoP) Order 2007;
Regulation 15(1), RP (AV) (Scotland) Regulations. Paragraph 11, Schedule 3 of the Scottish
Parliament Order only specifies enquiries in respect of occupation, service, employment or
attendance on an educational course or journeying by sea or air to the allotted polling station.
5.5 The Electoral Registration Officer may check the signature and date of
birth on an absent vote application form against any other signature or date of
birth for that elector that they, the local authority by which they were appointed
or the Returning Officer may hold.65
61
Paragraphs 3(1)(a) and 4(1)(a), Schedule 4, RPA 2000; Articles 8(1)(b) and 9(1)(b), NAW
(RoP) Order 2007; Articles 9(1)(a) and 10(1)(a), Scottish Parliament Order.
62
Paragraph 7, Schedule 4, RPA 2000; Article 12, NAW (RoP) Order 2007; Article 12,
Scottish Parliament Order.
63
Regulation 51, RPR 2001; Paragraph 1, Schedule 1, NAW (RoP) Order 2007; Paragraph 1,
Schedule 3, Scottish Parliament Order; Regulation 3, RP (AV) (Scotland) Regulations.
64
Regulations 51AA, RPR 2001; Paragraph 1(7), Schedule 1, NAW (RoP) Order 2007;
Paragraph 2, Schedule 3, Scottish Parliament Order; Regulation 5, RP (AV) (Scotland)
Regulations.
65
Regulation 51A, RPR 2001; Paragraph 1(6), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1A, Schedule 3, Scottish Parliament Order; Regulation 4, RP (AV) (Scotland)
Regulations (can only check signature and against any signature previously provided to the
Returning Officer or the Electoral Registration Officer).
5.9 There are many reasons why a person may wish their postal vote to be
sent to an alternative address: they may be on holiday, be in hospital, have
post sent to their work address, and so on. If no explanation of their
circumstances is given, an Electoral Registration Officer may wish to check
with the elector and obtain an explanation, or could choose to reject the
application on the grounds that it does not meet the prescribed requirements,
notifying the elector accordingly.
Name changes
5.11 When an elector with a postal vote changes their name, a new postal
vote application should be sent to them in order to collect their new signature,
which may help to prevent the possible rejection of their ballot paper. The
signature provided on the new application would then replace their previous
entry on the postal vote identifiers record.
5.14 An existing postal voter can request at any time for their postal ballot
papers to be sent to a different address from that contained in the absent
voting record, as long as they provide a reason why their circumstances are
such as to require their ballot paper to be sent to that address.72
70
Paragraph 3(5)(a), Schedule 4, RPA 2000; Article 8(5)(a), NAW (RoP) Order 2007; Article
9(5)(a), Scottish Parliament Order.
71
Paragraph 3(5)(b), Schedule 4, RPA 2000; Article 8(5)(c), NAW (RoP) Order 2007; Article
9(5)(c), Scottish Parliament Order.
72
Regulation 51B, RPR 2001; Paragraph 1(8), Schedule 1, NAW (RoP) Order 2007;
Paragraph 2, Schedule 3, Scottish Parliament Order; Regulation 6, RP (AV) (Scotland)
Regulations.
73
Paragraph 3(6), Schedule 4, RPA 2000; Article 8(6), NAW (RoP) Order 2007; Article 9(6),
Scottish Parliament Order.
6.2 The Electoral Registration Officer should satisfy themselves that the
applicant is unable to provide a signature or a consistent signature due to any
disability or inability to read or write.74 The level of proof or evidence that is
needed in order to be satisfied must be a local decision, but the Commission
advises that Electoral Registration Officers should be alert to the potential for
the waiver to be used as an attempt to avoid the security measures. The
policy for responding to requests for waivers should be sufficiently robust to
ensure the integrity of the voting system while still allowing such electors
access to the absent voting system.
6.3 The regulations provide that the Electoral Registration Officer may
satisfy themselves that the applicant is unable to provide a signature or a
consistent signature due to a disability or the inability to read or write.75
Therefore, this provides a power and not a duty. However, to ensure that the
new measures work to their fullest extent, the Commissions view is that the
Electoral Registration Officer should take active steps to be so satisfied.
6.4 Some Electoral Registration Officers may take the view that they only
need to exercise this power in the event that they have concerns or doubts
about that particular application or because there has been a pattern of such
applications which arouses suspicion. The Commission advises, however,
that this power should be exercised more consistently and routinely and that
the same steps be applied to each application for the granting of a waiver.
6.5 The legislation does not specify the steps an Electoral Registration
Officer may wish to take in order to be so satisfied. It does not, for example,
introduce an attestation procedure as exists for some types of proxy voting.
6.6 The legislation does, however, require the name and address of the
person who assists the elector who is requesting the waiver.76 In the
Commissions view this provides an opportunity for a straightforward process
by which the Electoral Registration Officer can satisfy themselves as per the
regulations. For example, the Electoral Registration Officer could ask the
person assisting the applicant to confirm that to the best of their knowledge
and belief the elector in question is unable to provide a signature or a
consistent signature due to any disability or inability to read or write. The
74
Paragraphs 3(8), 4(5) and 7(11), Schedule 4, RPA 2000; Articles 8(8), 9(5) and 12(12),
NAW (RoP) Order 2007; Articles 9(7), 10(7) and 12(7), Scottish Parliament Order.
75
Regulation 51A, RPR 2001; Paragraph 1(6), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1A, Schedule 3, Scottish Parliament Order.
76
Regulation 51(2)(f), RPR 2001; Paragraph 1(1)(f), Schedule 1, NAW (RoP) Order 2007;
Paragraph 1(1)(f), Schedule 3, Scottish Parliament Order.
6.7 The Electoral Registration Officer may also wish to consider drawing
attention on any such declaration to the offence of providing false information
in connection with an application for an absent vote.77 This is a summary
offence with a maximum penalty of six months imprisonment and/or a 5,000
fine.
The elector named above is unable to provide a consistent signature owing to:
a disability
an inability to read or write
6.8 The Commission believes that this would be a reasonable measure that
the Electoral Registration Officer could use in order to be satisfied under
Regulation 51A(b).
77
Sections 13D and 62B, RPA 1983; Article 14, NAW (RoP) Order 2007; Article 28, Scottish
Parliament Order.
6.13 The Electoral Registration Officer should remain vigilant as to any trends
which may be revealed through the receipt of waiver requests. Any trends
such as large numbers of applications assisted or signed by one person with
no plausible explanation or large numbers of applications from one street or
area with no plausible explanation (such as the type of residence in that
location) should raise suspicion. The Commission is happy to discuss any
concerns that Electoral Registration Officers have on this point.
7.2 Electors who have been allowed to vote by post and electors whose
proxies have been allowed to vote by post must have the letter A marked
alongside their names in the register to be used in the polling station.
7.3 The purpose of this requirement is to prevent the issue of a ballot paper
to an elector in the polling station when they have already been issued with a
ballot paper in the post. No matter what protestations electors might make in
the polling station regarding non-delivery etc., a second paper must not be
issued.78 There is, however, the ability to issue such electors with tendered
ballot papers in certain prescribed circumstances.
7.4 Most electoral software packages have the facility to print registers
especially for use in the polling station at a particular election. These registers
are normally printed with the A markers emboldened in order to draw
attention to them.
78
Paragraphs 2(2) and 7(2), Schedule 4, RPA 2000; Articles 7(2) and 12(2), NAW (RoP)
Order 2007; Articles 8(2) and 12(2), Scottish Parliament Order.
79
Paragraph 5(3), Schedule 4, RPA 2000; Article 10(3), NAW (RoP) Order 2007; Article
10(5)(b), Scottish Parliament Order.
Postal voters The record must indicate the electors full name and
elector number, and the address to which the ballot
paper is to be sent.
Proxy voters The record must indicate the electors full name and
elector number, and the full name and address of the
proxy.
Postal proxy voters The record must indicate the electors full name and
elector number, and the full name of the proxy and the
address to which the ballot paper is to be sent.
8.2 The Electoral Registration Officer is also required to keep a list of all
personal identifiers, containing the name, signature and date of birth of each
absent voter. The list of personal identifier information should not be included
in the copies of lists and records that may be supplied to certain persons or in
any records or lists open to public inspection.
8.3 The Electoral Registration Officer should ensure that the records and
lists are accurate, and should take steps to ensure that electors who are
reported as having moved or died are removed from the absent voter records
and lists after proper enquiries have been made. After publication of the
revised register by 1 December each year, Electoral Registration Officers may
wish to undertake a review of their absent voting lists, verifying names and
addresses against the revised register.
A
Further information regarding the supply and inspection of absent
voting records and lists can be found in Part H, Access and supply,
Section 6, Absent voting records and lists.
80
Paragraphs 5 and 7(8), Schedule 4, RPA 2000; Articles 10 and 12(8), NAW (RoP) Order
2007; Articles 10(5) and 12(7), Scottish Parliament Order.
9.2 The judgment in two Birmingham local election petition cases in 2004
makes it clear that it is not the role of the Returning Officer to investigate
possible fraud:
9.3 This is reaffirmed at Paragraphs 142 and 143 of the judgment, the
former of which also covers some of the functions of the Electoral Registration
Officer. It is important to make a distinction between the powers of the
Electoral Registration Officer to investigate if an application is genuine and
more general investigation into electoral offences, which could be taken to
include formally interviewing people and taking statements. Such formal
investigations are a matter for the police.
9.4 This being the case, if any Electoral Registration Officer or Returning
Officer has concerns about fraudulent applications, has suspicions of
fraudulent activity or receives any allegations about possible absent voting
fraud, these should be reported to the police for further investigation. Early
liaison with the police SPOC should cover the actions to be taken should any
suspicions arise.
3 Check that the elector is included in the register at the address shown on
the form or that they have applied to register to vote at that address and the
application has not been suspended or rejected. If shown, the elector letters
and numbers can be written on the form straight away. If not shown on the
register, it is possible that the ballot paper address shown in a different part
of the form is actually the electors qualifying address. Check, and if this is the
case, accept the form. It is good practice to do so as to reject it simply
because the address is in the wrong place on the form would be an
unnecessarily rigid application of the legislation.
4 If the electors surname differs from that shown in the register but the
forenames are the same, it is most likely that the surname has changed since
the register was revised (for example by marriage). It is good practice to make
a telephone call to the applicant to verify the change of name and to note the
result of the call on the application form. If you are unable to contact the
elector by telephone, make contact by letter. An application to register under
their new name should also be sent so that the register can be altered.
5 If the electors forenames are shown only by initials and not in full, this
should be checked with the elector by telephone. Again, the result of the call
should be noted on the application form, and if you are unable to contact the
elector by telephone, make contact by letter.
6 If the application is for a proxy vote, check for the reason and attestation
if required. If it is either not attested where attestation is required or not
properly attested, it must be rejected. Inform the elector by letter and also by
telephone if possible in order to arrange for a new application to be sent.
10 Check that the details of the proxy (if applicable) are properly and clearly
completed and that either the proxy has indicated assent to being appointed
as proxy by signing and dating the appropriate boxes or the elector has stated
that the proxy is willing and able to vote on their behalf.
12 Forms that are not signed, do not provide the electors date of birth
and/or have not been dated must be returned to the elector. Inform the elector
by letter. However, if the form is received close to the deadline it may be
helpful to contact the elector in some other way, such as by telephone or
email if they have provided such contact details, in order to try to get a form
correctly completed and returned before the deadline. Any application that is
unsigned but is accompanied by a statement giving reasons as to why the
elector could not sign it and also providing the name and address of the
person who assisted the elector in completing the application should be
passed to your supervisor.
13 Check that the elector has indicated how long they wish their absent
vote to last and the type of elections they wish their absent vote to be for; if
not, this should be checked with the elector by telephone. Again, the result of
the call should be noted on the application form. If you are unable to contact
the elector by telephone, contact them by letter.
14 Once the processing of all application forms has been completed, divide
the forms into four piles:
(a) those forms that have queries not capable of resolution by telephone
(b) those forms that are applications for a postal vote for an
indefinite/definite period
(d) those forms that are either postal or proxy vote applications for a
particular election
15 Taking each pile in turn, enter the details into the computer system and
generate the appropriate letter as necessary.
17 Where a proxy vote application has been allowed, you must inform the
elector by letter and send a separate notice to the proxy. Where a postal vote
application has been allowed or rejected, you must inform the elector by letter.
19 File the forms in categories (b) and (c) in the appropriate polling district
folder in order of elector number.
21 Forms for a particular election received after the closing date/time must
be refused. Inform the elector by letter.
23 The aim is to complete the processing of all forms within the working day
on which they are received, and your supervisor will give instructions for the
allocation of work among staff in order to achieve this.
2 Publication
The full register of electors
The edited register of electors
3 Inspection
The full register of electors
The edited register of electors
Inspection of marked registers and marked absent voter lists
7 Data protection
Data Protection Act 1998
Supply of registration and absent vote applications
Issues relating to registration data
8 Resources
1 Introduction
1.1 This section explains the format for the production of the register of
electors which the Electoral Registration Officer maintains. It also gives details
regarding access to and supply of the register.
1.2 Access to the register, any notice of alteration and the list of overseas
electors is restricted, as is the supply of these documents.
1.3 In this section any reference to the register includes notices of alteration
and the overseas electors list unless otherwise stated. References to a notice
of alteration include any notice of alteration published before an election under
the 11-day registration rule, including any notices of alteration published before
an election during the canvass period.
1.4 In general terms, the register can only be inspected under supervision,
and copies can only be supplied to certain specified people or agencies and
only for certain purposes such as elections, 1 the compilation of statistics, 2 law
enforcement 3 and credit reference checking. 4
1
Regulations 98, 100 to 106 and 108, RPR 2001; Regulations 97, 99 to 105 and 107, RPR
(Scotland) 2001; Scottish Parliament Order; NAW (RoP) Order 2007.
2
Regulation 99, RPR 2001; Regulation 98, RPR (Scotland) 2001.
3
Regulations 107 and 109, RPR 2001; Regulations 106 and 108, RPR (Scotland) 2001.
4
Regulation 114, RPR 2001; Regulation 113, RPR (Scotland) 2001.
i
An election during the canvass is defined as any of the following
elections, whether general or by-elections, where the date of the poll is
between 1 July and 1 December: 8
2.3 This revised register incorporates all the amendments to the register as a
result of the annual canvass, as well as any rolling registration alterations which
have met the deadline for inclusion.
a
For further information regarding rolling registration applications and the
deadlines for receipt in order to be included in the revised register, see
Part D, Monthly alterations to the register.
2.4 The full register of electors lists the names and addresses of everyone
who has registered to vote as ordinary electors. It also contains the names of
those registered as special category electors, except in the case of those
registered anonymously, in which case it includes only an entry, without
showing their names or addresses.
a
For further information on the various special category electors, see
Part F, Special category electors.
5
Section 13(1), RPA 1983.
6
Section 13(1A), RPA 1983.
7
(Or in part of which), Section 13(1A), RPA 1983.
8
Section 13BB and 13B(4), RPA 1983.
9
Regulation 43, RPR 2001.
A
For further information on when a notice of alteration does not need to
be published in January or February due to an election during the
canvass period, see section 5 Conclusion of canvass of Part C,
Annual canvass.
2.7 Electoral Registration Officers may also revise the register at any time
between annual canvasses if necessary. An example of where this may be
deemed necessary would be following a review of local government boundaries
or in order to implement a review of polling districts and places made by the
local authority. Electoral Registration Officers must publish a notice of their
intention to publish a revised register, 10 which is considered in more detail in
Part D, Monthly alterations to the register.
2.8 The format of the register is not prescribed but it must contain the name,
address and elector number of every eligible elector who has registered either
via the household registration form during the annual canvass period or on a
rolling registration form at any time throughout the year.
2.9 The register must be divided into polling districts and each one given a
unique set of letters. 11 A number must be given to each elector and as far as is
reasonably practicable these numbers should be allocated in such a way that in
each part of the register the numbers run sequentially. 12 The polling district
letters and the number together are known as the elector number. The entries
in the register showing each ordinary elector are to be arranged in street order
and may only be arranged in alphabetical order by name or a mix of the two
where it is not reasonably practical to list them in street order. 13
2.10 After the ordinary electors in any polling district will be a section marked
other electors, which will contain any special category electors who are not
10
Section 13(3), RPA 1983.
11
Regulations 38 and 39, RPR 2001.
12
Section 9(3) and (4), RPA 1983.
13
Regulation 41, RPR 2001.
2.11 Table 1 shows some of the formatting for a register and its explanation in
the right-hand column.
Other electors
6 F Jolly, Simon Overseas elector;
cannot vote at local
government elections
7 Watts, Julie Service elector; can vote
at all elections
8 N Anonymous elector; can
vote at all elections
9 N Anonymous elector; can
vote at all elections
(same effect as entry 8
above but alternative
option)
10 GN Anonymous elector who
is a citizen of an
European Union
member state; can vote
at local government
elections only
11 G N Anonymous elector who
is a citizen of an
European Union
member state; can vote
at local government
elections only (same
effect as entry 10 above
but alternative option)
2.13 The edited register of electors must be published at any time the full
register is revised but there is no provision for Electoral Registration Officers to
produce an updated edited register on a monthly basis. 15 As a result, although
those applying to be registered under rolling registration can choose to opt out,
in practice no amendment is made to the edited register, only to the full
register. All such electors should, however, be marked with a Z on any notice
of alteration that is sold. 16
2.14 The edited register must be in the same format as the full register and
must contain all the information pertaining to an elector as would appear on the
full version of the register, such as the markers as outlined above.
14
Regulation 93, RPR 2001.
15
Regulation 93(7), RPR 2001.
16
Regulation 111(7), RPR 2001; Regulation 110(7), RPR (Scotland) 2001.
3.2 Electoral Registration Officers have responsibility for the level and nature
of supervision of the registers under their control. The regulations are not
prescriptive with regard to the method of supervision to allow Electoral
Registration Officers flexibility in their provision. Electoral Registration Officers
should, however, satisfy themselves that people who inspect the full register
are supervised in such a way that it prevents unauthorised copying or theft of
all or any part of the register. It may be appropriate to provide training or
guidance notes to those staff who will be supervising the register.
3.4 Most registers are made available for inspection in paper form, but access
may be provided by using an electronic copy of the register. Care must be
taken to address the security implications of providing the register for inspection
electronically, particularly with regard to preventing a person from downloading,
transmitting electronically or printing this information or copying by any other
means. Any search facility should be by address only and not by name, as this
is specifically prohibited. 21
3.5 Where Electoral Registration Officers are sufficiently confident that library
or other council staff can offer an appropriate level of supervision, more copies
can be made available. If electors are accustomed to inspecting the register at
a certain place and continue to demand it, Electoral Registration Officers may
wish to meet that demand, providing that the supervision requirement can be
met. The Electoral Registration Officer should be satisfied that the local
authority library to which they supply a copy is able to provide the supervision
required. This could be done, for example, by sending a copy of the legislation
and obtaining a signed letter or email from the library manager stating that they
will follow the requirements. The Electoral Registration Officer might also add a
guidance note to accompany the register for library staff. While the librarian,
and/or the appropriate supervisor, would be responsible for any failure to apply
the legislation, the Electoral Registration Officer may wish to take legal advice if
17
Regulation 43, RPR 2001.
18
Regulation 96, RPR 2001; Regulation 95, RPR (Scotland) 2001.
19
Regulation 7(4), RPR 2001.
20
Regulation 96(2A)(b)(i), RPR 2001; Regulation 95(3)(b)(i), RPR (Scotland) 2001. Marketing
purposes are defined by Section 11(3) of the Data Protection Act 1998.
21
Regulation 43(1A), RPR 2001.
3.6 Any venue which is not able to meet the inspection requirement should
not be given a copy of the full register, nor would it be appropriate to supply the
edited register to such locations as this may confuse electors who, on any
inspection, find that they are not listed where they have chosen to opt out of
their details appearing on the edited register. Libraries and archive units may
apply for a copy of the full register 22 and if this is the case they take full
responsibility for complying with the rules regarding inspection under
supervision.
s
This section of the guidance is not relevant to Electoral Registration
Officers in Scotland, as they have no responsibility for marked copies of
the register of electors or absent voter lists.
The administration of the marked registers and marked voters lists in Scotland
is the responsibility of the Returning Officer, the Proper Officer of the council or
the Sheriff Clerk, depending on the type of election.
3.9 Any person may inspect the marked register and marked absent voter
23
lists, including those who are entitled to purchase a copy. As with the full
electoral register, inspection of registers and lists is free of charge. Any person
wanting to inspect must apply in writing and must: 24
22
Regulation 109A, RPR 2001; Regulation 108A, RPR (Scotland) 2001.
23
Regulation 118(1), RPR 2001.
24
Regulation 118(2), RPR 2001.
3.11 The people inspecting the documents can make copies of the registers
and lists using handwritten notes only. 26 The use of laptop computers to type in
information, recording equipment, scanners, etc. is not allowed. Making a note
of every record with abbreviations would be acceptable, as would the bringing
of an existing paper copy of a register or list and then marking it.
a
Section 8, Resources, below, contains tables which set out who can
inspect the marked registers and lists after an election.
3.12 Any police force or other agency listed under Regulation 109 may take a
copy of documents under inspection, free of charge. 27
25
Regulation 118(3), RPR 2001.
26
Regulation 118(7), RPR 2001.
27
Regulation 118(8), RPR 2001.
4.2 The Electoral Registration Officer has a duty to supply free copies of the
register of electors to various organisations and individuals, and legislation
imposes restrictions on how this is done. 28 In some cases, registers have to be
supplied on publication and in others the register is only supplied on request.
4.5 While Electoral Registration Officers should seek their own advice
regarding the most appropriate and secure method of supplying the register to
recipients, it has been suggested that:
28
Regulations 94 to 109A, RPR 2001; Regulations 94 to 108A, RPR (Scotland) 2001.
w
the British Library, the National Library of Wales and the National
Library of Scotland
Returning and Acting Returning Officers for any election in their
area
the Office for National Statistics
the Electoral Commission
the Boundary Commission for Wales
the Local Government Boundary Commission for Wales
s
the British Library and the National Library of Scotland
Returning Officers for any election in their area
the General Register Office for Scotland
the Electoral Commission
the Boundary Commission for Scotland
the Local Government Boundary Commission for Scotland
4.9 A table summarising the specific regulation requiring supply, the format in
which the register should be provided and, where possible, the details of where
the copy should be supplied to can be found in Section 8, Resources, below.
The relevant organisations will be able to give advice on the format in which
they wish to receive the register, although the Electoral Registration Officer is
only required to supply the register in whatever form they hold it.
4.10 A further table in Section 8, Resources, below, sets out to which of the
national libraries Electoral Registration Officers are required to supply copies
and the format in which these copies should be supplied, as determined by the
location of the Electoral Registration Officers authority. 29
29
Regulations 97, 97A and 97B, RPR 2001; Regulation 96, RPR (Scotland) 2001.
4.13 If no request is made for a printed copy, the register should be supplied in
data form. 31
4.14 Any local authority library or archives service will now receive, on
application, a copy of the register in data format (unless they specify a paper
copy). 32 They must only allow inspection of the register under supervision and
no name search facility can be allowed if inspection is of a register in data
format. 33 There is no requirement for them to allow inspection if they feel they
cannot meet the requirements.
4.15 Any other local authority where the area contains all or part of the
Electoral Registration Officers responsibility, such as the county council or
Greater London Authority, shall upon application receive the relevant part of the
register. 34 Parish and community councils in England and Wales respectively
may be supplied with a copy of the register, but a parish meeting may not. 35
4.16 In England and Wales, the register supplied to a local authority can be
used for any poll under Section 116 (local polls) of the Local Government Act
2003. 36
s
In Scotland, the full register may also be used for the purposes of a
local referendum being conducted by the Returning Officer. 37
30
Regulation 102(2), RPR 2001; Regulation 101(2), RPR (Scotland) 2001.
31
Regulation 102(3), RPR 2001; Regulation 101(3), RPR (Scotland) 2001.
32
Regulation 109A, RPR 2001; Regulation 108A, RPR (Scotland) 2001.
33
Regulation 43(1A)(a), RPR 2001.
34
Regulation 107, RPR 2001.
35
Regulation 107(6),(7) and (8), RPR 2001.
36
Regulation 107(4)(aa), RPR 2001.
37
Regulation 106(3) and (3A), RPR (Scotland) 2001.
38
Regulation 109, RPR 2001; Regulation 108, RPR (Scotland) 2001.
s
These provisions do not apply in Scotland. The Scottish Courts Service
is, however, entitled to purchase a copy of the full register of electors
under Regulation 112 of the RPR (Scotland) 2001 although electors
over 70 are not indicated.
4.21 The version of the register which includes markers showing those aged
over 70 must not be used for any purpose other than summoning jurors. These
versions of the registers must not be supplied to or be made available for
inspection by any other person or organisation for any purpose.
39
Regulation 102(5), RPR 2001; Regulation 101(5), RPR (Scotland) 2001; Paragraphs 2 and 4,
Schedule 1, Scottish Parliament Order; NAW (RoP) Order 2007.
40
Regulation 105, RPR 2001; Regulation 104, RPR (Scotland) 2001.
41
Section 3, Juries Act 1974; Regulation 95, RPR 2001.
42
Regulations 113 and 114, RPR 2001; Regulations 112 and 113, RPR (Scotland) 2001.
Use of Z markers
4.24 All copies of the full register sold to government departments or credit
reference agencies must have the letter Z placed against the name of any
person whose name is not included in the edited version of the register. 43
4.26 As the edited register cannot be changed other than at the time of the
publication of a revised version of the register, electors cannot in practice be
removed from the edited register once it has been published. If an elector
wishes to show their intention to be removed from the edited register at the next
revision of the register they could make that intention clear on a signed form or
registration application form. This should then be processed and marked as an
amendment on the next notice of alteration, with the Z marker shown when it
is sold.
in data format, 20 plus 1.50 for each 1,000 entries (or remaining part of
1,000 entries) in it
in printed format, 10 plus 5 for each 1,000 entries (or remaining part of
1,000 entries) in it
4.28 The fees for sale of the list of overseas electors are: 45
in data format, 20 plus 1.50 for each 100 entries (or remaining part of
100 entries) in it
in printed format, 10 plus 5 for each 100 entries (or remaining part of
100 entries) in it
in data format, 20 plus 1.50 for each 1,000 entries (or remaining part of
1,000 entries) in it
in printed format, 10 plus 5 for each 1,000 entries (or remaining part of
1,000 entries) in it
s
In Scotland the words other local authority in the above paragraph do
not apply.
4.33 Government departments are restricted in the way that they may use the
register. They may not supply or sell on a copy unless the recipient could obtain
a free copy under the regulations.
in England and Wales, the prevention and detection of crime and the
enforcement of the criminal law (whether in England or Wales or
elsewhere)
in Scotland, the administration of justice, the prevention and detection of
crime and the enforcement of the criminal law (whether in Scotland or
elsewhere)
the vetting of employees and applicants for employment where such
vetting is required pursuant to any enactment
the vetting of any person where such vetting is for the purpose of
safeguarding national security, or
supply and disclosure as defined by the regulations
4.35 Credit reference agencies must only use the registers for: 49
46
Regulation 110(2), RPR 2001; Regulation 109(2), RPR (Scotland) 2001.
47
Regulation 107(4), RPR 2001; Regulation 106(3), RPR (Scotland) 2001.
48
Regulation 113(2), RPR 2001; Regulation 112(2), RPR (Scotland) 2001.
49
Regulation 114(3), RPR 2001; Regulation 113(3), RPR (Scotland) 2001.
4.36 A credit reference agency has to be registered under Part III of the
Consumer Credit Act 1974 (by virtue of Section 147 of that Act) and be carrying
on the business of providing credit reference services. 50 The company has a
responsibility to ensure that it complies with the requirements of the regulations
and that it is eligible to request to purchase a copy of the full register of
electors.
4.38 The Office of Fair Trading (OFT) is responsible for licensing credit
reference agencies throughout the UK under the Consumer Credit Act and can
confirm whether a company is so licensed. Contact details for the OFT are:
4.39 There is a small charge for copies of licences from the OFT but details of
licences can be provided by the OFT free of charge by telephone or by fax.
50
Regulation 114(1), RPR 2001; Regulation 113(1), RPR (Scotland) 2001.
they are fully aware of all the requirements of the relevant regulation
they are a licensed credit reference agency, and
they are carrying on the business of providing credit reference services
according to the definition and purposes given in the regulation
4.42 The written confirmation should also include the company registration
number and relevant contact details for the company.
4.43 Electoral Registration Officers may wish to require the company to provide
reconfirmation of the above information each year in order to ensure that the
information is still current.
s
This section of the guidance is not relevant to Electoral Registration
Officers in Scotland.
Although similar provisions for access to the marked register apply at elections
in Scotland, with the exception of Scottish Parliamentary elections, the
responsibility for administering such access rests with the Returning Officer,
Proper Officer of the council or the Sheriff Clerk depending on which election it
relates to, not the Electoral Registration Officer.
4.44 In England and Wales, the marked copy of the registers of electors and
the marked copies of the postal and proxy voters lists must, if requested, be
made available and be supplied to candidates and agents after an election on
payment of a prescribed fee. 51
4.45 Other persons who may purchase copies are those whom the Electoral
Registration Officer is satisfied: 52
need to see the marks on the marked register or lists in order to achieve
the purpose for which it is requested, and
qualify under Regulations 100, 103, 105, 106, 108, 109 or 113 to receive
the full register
4.46 People who qualified under Regulations 103, 105, 106 or 108 do not lose
the qualification once the election is over, as long as they were qualified during
the election for which they are requesting access to documents. 53
4.47 Persons who are entitled to access the marked register or lists can only
use the information for electoral purposes or for research purposes, within the
51
Regulation 117, RPR 2001.
52
Regulation 117(1) and (4)(a), RPR 2001.
53
Regulation 117(2), RPR 2001.
4.48 There is only a requirement to supply documents in the form in which they
are held, and so if a marked register is only in paper format, a data copy is not
required to be produced for supply. Similarly if a postal voters list is only held in
data format, it does not have to be produced in paper format.
a
Section 8, Resources, below, contains a table which summarises who
can purchase copies of the marked registers and lists after an election.
4.49 The cost of a marked document is now prescribed. 54 The charge for data
copies is 10 plus 1 per 1,000 entries or part thereof, and for printed copies it
is 10 plus 2 per 1,000 entries or part thereof. Although the definitions of data
and printed copies are not specified in the legislation, it is reasonable to
interpret a printed copy as being a physical hard copy of a document. A PDF
or similar electronic version of a document, even if that document could then be
printed to create a printed copy, is a data version and should be charged
accordingly. The Electoral Registration Officer is only obliged to supply
documents in the format in which they hold them: they are not required to
process the document in order to change that format, although they may do
so. 55
w
The above provisions regarding access to marked registers and lists are
applied to National Assembly for Wales elections by virtue of Regulation
121 of the RPR 2001.
4.51 In all matters of requests for data, the Electoral Registration Officer should
consider the extent to which it is appropriate to release personal data, bearing
54
Regulation 120, RPR 2001.
55
Regulation 116(4), RPR 2001.
4.52 The legislation clearly sets out which individuals and organisations can
receive copies of the full register, but as copies of the edited register can be
purchased by anyone, if a request is made for a list of those who have
purchased it, the Electoral Registration Officer may wish to consider making
this information available in line with the Information Commissioners
recommendation.
52a
p.57, Richard Thomas and Mark Walport, Data Sharing Review Report (July 2008). The
report is available for download at www.justice.gov.uk/reviews/docs/data-sharing-review-
report.pdf
5.2 The Electoral Registration Officer should not, however, allow access to
any electoral register other than the current revised register and any notices of
alteration to it.
5.3 Any local authority libraries, the British Library and the National Libraries
of Scotland and Wales which hold copies of the full register may supply copies
of registers which are more than 10 years old (from the first date of publication)
for research purposes under certain circumstances. The register may only be
supplied as a copy in the format in which the depository holds it, and it may
only be supplied for research purposes, which are defined as: 56
(a) that the data are not processed to support measures or decisions with
respect to particular individuals, and
(b) that the data are not processed in such a way that substantial damage
or substantial distress is, or is likely to be, caused to any data subject.
5.4 Legislation on access to the register relates only to the current register
and to registers held by libraries and archive units that are over 10 years old.
There is no duty to provide access to registers which are not current.
56
Section 33(1), Data Protection Act 1998; Regulation 92(2), RPR 2001.
the current version of the absent voting record which would, in the event
of a particular election being called, be included in the absent voting lists
to be used at that election, and
the current or final version of the absent voting lists for a particular
election
6.2 For the purposes of the regulations, in England and Wales, the current
copy of the records or lists is a copy as at 9am on the date it is supplied. 58 In
Scotland, the current copy of the records or lists is a copy as at the beginning
of the day it is supplied, except at local government elections where it is a copy
as at 9am on the date it is supplied. 59
I
For the purposes of supplying the absent voting records and lists it is
important to be aware of the various definitions of a candidate at
different elections. 60
57
Regulation 61, RPR 2001; Paragraph 13, Schedule 1, NAW (RoP) Order 2007; Regulation
16, RP (AV) (Scotland) Regulations.
58
Regulation 61(16), RPR 2001; Paragraph 13(17), Schedule 1, NAW (RoP) Order 2007.
59
Regulation 61(16), RPR (Scotland) 2001; Regulation 16(14)(a), RP (AV) (Scotland)
Regulations.
60
Sections 118 and 118A, RPA 1983; Regulation 31(2), European Parliamentary Elections
Regulations 2004; Article 81, Scottish Parliament Order; Article 84, NAW (RoP) Order 2007.
6.3 Any such request must be made in writing and must specify which records
or lists are required, whether the request relates to the current and/or the final
lists and whether the information should be supplied in data or paper format. 61
6.4 The records and lists do not include the personal identifier information
supplied by absent voters, which is contained within a separate record (the
personal identifiers record) and personal identifier information must not be
included in the copies of records and lists supplied.
6.5 There are no restrictions on the number of times that an eligible person
may apply for copies of the documents. Each application should be dealt with
separately.
6.6 Where a request is made for the supply of a final copy of the postal voters
list, the Electoral Registration Officer must supply the information as soon as
practicable after the deadline for the receipt of postal vote applications at 5pm
on the eleventh working day before the date of the poll. 62 Similarly, the finalised
list of proxies must be supplied as soon as practicable after the sixth working
day before the poll, 63 and must then be updated to take account of any
changes that occur as a result of any emergency proxy applications granted
after that deadline. 64
61
Regulation 61(2), RPR 2001; Paragraph 13(3), Schedule 1, NAW (NoP) Order 2007;
Regulation 16(3), RP (AV) (Scotland) Regulations.
62
Regulation 61(5), RPR 2001; Paragraph 13(6), Schedule 1, NAW (RoP) Order 2007;
Regulation 16(7), RP (AV) (Scotland) Regulations.
63
Regulation 61(6), RPR 2001; Paragraph 13(7), Schedule 1, NAW (RoP) Order 2007;
Regulation 16(8), RP (AV) (Scotland) Regulations.
64
Regulation 61(7), RPR 2001; Paragraph 13(8), Schedule 1, NAW (RoP) Order 2007;
Regulation 16(9), RP (AV) (Scotland) Regulations.
6.8 Any person who has obtained or who is entitled to obtain a copy of the
records or lists may supply a copy of the information to a processor for the
purposes of processing the information, or procure information that a processor
processes and supplies to them which the processor has obtained under the
regulations to be used for the purposes for which they are entitled to obtain the
information. 66 This provision is not applicable to Scottish local government
elections.
s
The rules on supply of absent voting lists at Scottish Parliamentary
elections differ from other elections. 67
As soon as practicable after the publication of the absent voting lists for use at
the election, the Electoral Registration Officer must, on request, supply a copy
of them free of charge to each constituency candidate or their election agent,
each individual standing for return as a regional member or their election agent,
and the Nominating Officer of each registered political party standing
nominated in the regional election.
If, however, the request for a copy of the lists is made before any issue of
postal ballot papers, the lists to be supplied are only copies of the part that
relates to that issue.
6.10 For a person to inspect the record or the list, they must first make a
request in writing, specifying: 69
65
Regulations 61(3) and 61A, RPR 2001; Paragraphs 13(4) and 14, Schedule 1, NAW (RoP)
Order 2007; Regulations 16(5) and 18, RP (AV) (Scotland) Regulations.
66
Regulation 61(8) and (9), RPR 2001; Paragraph 13(9) and (10), Schedule 1, NAW (RoP)
Order 2007.
67
Paragraph 12, Schedule 3, Scottish Parliament Order.
68
Regulation 61(6) and (10), RPR 2001; Paragraph 13(7) and (11), Schedule 1, NAW (RoP)
Order 2007; Regulation 16(2) and (8), RP (AV) (Scotland) Regulations.
69
Regulation 61(11), RPR 2001; Paragraph 13(12), Schedule 1, NAW (RoP) Order 2007;
Regulation 16(3) and (4), RP (AV) (Scotland) Regulations.
6.11 The Electoral Registration Officer must make a copy of the information
requested available for inspection under supervision as soon as practicable
after the date of receipt of the request that has been duly made.70 Any person
who inspects a copy of the information may not make copies of any particular
part of it or record any particulars in it other than by handwritten notes. 71 If the
information is made available in electronic format, it must not permit the person
inspecting to search by reference to any persons name, and it must not permit
any person inspecting to copy or transmit any part of it by electronic or any
other means.72
6.13 Where the Electoral Registration Officer is not the (Acting) Returning
Officer for all or part of the registration area, a copy of the lists must be sent to
the (Acting) Returning Officer as soon as practicable after the sixth day before
polling day.74
70
Regulation 61(12), RPR 2001; Paragraph 13(13), Schedule 1, NAW (RoP) Order 2007;
Paragraph 17(3), Schedule 3, Scottish Parliament Order; Regulation 16(10), RP (AV)
(Scotland) Regulations.
71
Regulation 61(14), RPR 2001; Paragraph 13(15), Schedule 1, NAW (RoP) Order 2007;
Paragraph 17(5), Schedule 3, Scottish Parliament Order; Regulation 16(12), RP (AV)
(Scotland) Regulations.
72
Regulation 61(13), RPR 2001; Paragraph 13(14), Schedule 1, NAW (RoP) Order 2007;
Paragraph 17(4), Schedule 3, Scottish Parliament Order; Regulation 16(11), RP (AV)
(Scotland) Regulations.
73
Regulation 61A, RPR 2001; Paragraph 14, Schedule 1, NAW (RoP) Order 2007; Paragraph
19, Schedule 3, Scottish Parliament Order; Regulation 18, RP (AV) (Scotland) Regulations.
74
Regulation 61(6)(b), RPR 2001; Paragraph 16(7)(b), Schedule 3, Scottish Parliament Order.
7.3 The appointing local authority may request copies of canvass forms and
registration application forms in connection with fraud investigations. Although
there is no right or duty for such units to access the original documents, the
Electoral Registration Officer may supply the document if they feel that it is
appropriate and are satisfied that to do so is in compliance with the Data
Protection Act 1998.75
7.4 Where the Electoral Registration Officer does not consider it appropriate
to supply any document, the investigating unit would need to obtain a court
order for the supply of the document, in which case the Electoral Registration
Officer would then be required to supply that document.
In England:
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 0303 123 1113
Fax: 01625 524510
Email: casework@ico.gsi.gov.uk
75
Advice of the Office of the Information Commissioner, 21 August 2002.
In Wales:
Information Commissioner's Office
Wales
2nd Floor
Churchill House
Churchill Way
Cardiff CF10 2HH
Tel: 029 2067 8400
Fax: 029 2067 8399
Email: wales@ico.gsi.gov.uk
Note: This table sets out who is entitled to receive what copies of the register under the RPR 2001 and, where possible, where
these copies should be provided to. The table does not consider the purposes for which the register once supplied can be used.
Location of ERO British Library National Library of Wales National Library of Scotland
England On publication, one printed and On publication, one data copy of On publication, one data copy of the
one data copy of the revised the revised register (unless a revised register and one printed
register and one printed copy of request for a printed copy is made copy of the list of overseas electors;
the list of overseas electors; no prior to publication) and one no notices setting out alterations to
notices setting out alterations to printed copy of the list of overseas the register required
the register required electors; no notices setting out
alterations to the register required
Wales On publication, one printed and On publication, one printed copy On publication, one data copy of the
one data copy of the revised and one data copy of the revised revised register and one printed
register and one printed copy of register and one printed copy of copy of the list of overseas electors;
the list of overseas electors; no the list of overseas electors; no no notices setting out alterations to
notices setting out alterations to notices setting out alterations to the register required
the register required the register required
Scotland On publication, one printed and No requirement to supply On publication, one printed copy and
one data copy of the revised one data copy of the revised register
register and one printed copy of and one printed copy of the list of
the list of overseas electors; no overseas electors; no notices setting
notices setting out alterations to out alterations to the register
the register required required
British Library As per British Library Guidance As per British Library Not required
http://tinyurl.com/ECannualcanvass Guidance
National Library Wales Plain text or CSV format on disk or As per British Library Not required
CD-roms sent by post. Emails guidance
cannot be accepted
National Library of Scotland Any format, by email if possible As per British Library Not required
guidance
Wales Office
The Electoral Commission
Companies House
Crown Way
Cardiff CF14 3UZ
http://www.electoralcommission.org.uk/guidance/resources-for-electoral-administrators/electoral-
registration
This guidance is suitable for all archive versions of the register. Electoral Registration Officer consideration
of the guidance will assist with long term storage of the register.
National Library of Wales The National Library of Wales request, as with all the recipient bodies are contained in these tables. The
actual request in Welsh and English is available at:
http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0011/68474/2009_NL
W_guidelines.pdf
Note: Tables 6, 7 and 8 show who is entitled to access to election documentation after the election. 76
76
All references in Tables 6, 7 and 8 are to the RPR 2001.
Legislative background
1.3 There are a number of legal provisions directed specifically at facilitating
the registration of disabled people, people with mental health problems and
speakers of languages other than English or Welsh. The EAA, in particular,
has gone some way to address problems experienced by people with low
levels of literacy when trying to register and vote.
1.5 Since December 1996, it has been unlawful for a service provider to
discriminate against a disabled person. Discrimination includes:
1.6 Since 1 October 1999, service providers have had to change practices,
policies and procedures that make it impossible or unreasonably difficult for
disabled people to use a service. What is reasonable will be decided by the
courts, but until there is a body of case law, this will be difficult to define.
1.7 From 1 October 2004, service providers have had to make reasonable
adjustments to the physical features of their buildings to overcome physical
1
The Electoral Commission, Equal access to democracy: report and recommendations (June
2003).
2
The Governments Response to The Electoral Commissions Report: Voting for change An
electoral law modernisation programme (December 2004).
1.8 The DDA 1995 has now been amended by the Disability Discrimination
Act 2005, which places a duty on all public sector authorities to promote
disability equality and to publish a disability equality scheme.
1.9 The disability equality duty, which came into effect in December 2006,
places a duty on all public authorities, when carrying out their functions, to
have due regard to the need to:
1.10 Local authorities should consider taking these issues into account when
considering access to the democratic process. Electoral Registration Officers
will want to have regard to their appointing authoritys disability equality
scheme in approaching these issues and should ensure that they conduct a
disability impact assessment on any new policies or procedures.
1.12 Councils are required to publish a race equality scheme. This lists the
functions and policies assessed as being relevant to promoting race equality.
The scheme must also include an explanation of arrangements for monitoring
policies and services, consulting on them and assessing their impact on race
equality, and for monitoring the workforce and key employment practices.
Electoral Registration Officers should consider taking these issues into
account when considering access to the democratic process.
Disabled electors
General considerations
1.14 When considering access to electoral registration, it is important to
remember that not all disabled electors have the same needs or require the
same type of assistance. Electoral Registration Officers should ensure that
they attend any disability equality training provided by their appointing council
and should use their own judgement and common sense when tackling
access issues. With the diversity of local authorities and the different types of
access barriers encountered, it is difficult to provide any one-size-fits-all
guidance.
1.15 As a first step towards tailoring their facilities to local needs, Electoral
Registration Officers should consider the demography of their area: if their
area contains residential accommodation catering for a particular impairment
or condition, they could encourage registration by sending forms and
guidance in an appropriate format. Alternative formats that could be
considered include large print, Braille, easy read and audio. Electoral
Registration Officers should contact accommodation managers, wardens or
disabled electors themselves to enquire about the preferred format in order to
avoid causing offence. Council social services staff might be able to help with
contact details. Electoral Registration Officers should not make assumptions:
for example, just because a person is blind, this does not necessarily mean
that they will be able to read Braille.
A
Section 2, Public awareness activities, below, makes
recommendations for developing publicity strategies.
1.18 Electoral Registration Officers should also be aware that some disabled
people with multiple impairments may need additional support.
1.20 Electoral Registration Officers may decide to run local campaigns about
registration that are specific to those who are visually impaired. If they do,
they should involve local groups, such as societies of blind and partially
sighted people and local talking newspapers. Publicising registration to
visually impaired electors should be approached in a way that is accessible to
them. The type of information that could be included in publicity to this group
of electors includes:
1.22 The Commission believes that the Royal National Institute of Blind
Peoples (RNIBs) clear print guidelines should be followed for all registration
forms. These include:
1.23 Also, a central contact point where blind and visually impaired people
could seek assistance should be prominently displayed on the form.
1.24 As some visually impaired people will be unable to access any printed
form, however well laid out, it is important to have in place alternative formats
and procedures for providing personal assistance.
1.25 Signing a form may pose a particular challenge for a visually impaired
person. This can clearly be an obstacle to filling in rolling registration forms,
which must be signed by the person applying to be registered. If necessary,
assistance should be offered. The use of a template might prove helpful,
although in some cases guiding the hand of the blind or partially sighted
person might be more appropriate.
1.26 Some visually impaired electors may find the requirement to provide a
signature on postal and proxy voting applications difficult to fulfil. If the
Electoral Registration Officer is satisfied that an applicant is unable to sign or
to provide a consistent signature, they can waive the requirement for a
signature to be provided.3
A
For further details on absent voting applications and waivers, see Part
G, Absent voting.
1.27 Some visually impaired electors will prefer to deal with the electoral
registration office by telephone or email and so all office and contact centre
staff should be trained to deal with this type of contact effectively. Other
electors may want to deal with the electoral registration office directly. It is
therefore important to keep reception areas accessible, clearly signposted and
well lit, and to provide aids, such as magnifying glasses, where possible.
Deaf electors
1.29 It is important to remember that not everyone who has a hearing
impairment is deaf, but equally canvassers and office staff should not assume
that because a deaf person is wearing a hearing aid, they will be able to hear
what is being said.
1.30 Canvassers and office staff should know how to communicate effectively
with deaf and hearing impaired people. They should:
3
Paragraphs 3(8), 4(5) and 7(11), Schedule 4, RPA 2000; Articles 9(7), 10(7) and 12(11),
Scottish Parliament Order; Articles 8(8), 9(5) and 12(12), NAW (RoP) Order 2007.
1.31 Some deaf electors may wish to deal with the Electoral Registration
Officers staff by email, textphone or Typetalk and office staff should receive
training in order to be able to deal with this type of contact. At the office, the
Electoral Registration Officer could consider installing induction loops in
reception areas to facilitate communication. There are different types of
induction loops and consideration should be given to which one would be the
most appropriate. Staff should also be given training on how to operate them.
1.33 Councils should have an accessibility scheme in place that takes into
account access to the main entrance of the office building. When assessing
access inside the office, the following should be considered:
4
Section 21D, DDA 1995 (as amended).
A
The Commissions leaflets are available to order free of charge and all
formats, except Braille, are also available as downloadable PDFs from
the Commissions Do Politics website at www.dopolitics.org.uk. Order
details can also be found on the website.
1.37 Some disabled electors may find the requirement to provide a signature
on postal and proxy voting applications difficult to fulfil. If the Electoral
Registration Officer is satisfied that an applicant is unable to sign or to provide
a consistent signature they are able to waive the signature requirement.6
A
Further details on absent voting applications and waivers are available
in Part G, Absent voting.
5
Paragraph 3(3), Schedule 4, RPA 2000.
6
Paragraphs 3(8), 4(5) and 7(11), Schedule 4, RPA 2000; Articles 9(7), 10(7) and 12(11),
Scottish Parliament Order; Articles 8(8), 9(5) and 12(12), NAW (RoP) Order 2007.
1.40 Some people with learning difficulties and low literacy levels may need
some assistance in understanding the registration process and with navigating
the forms. Leaflets with pictorial guidance and written in clear English can also
help.
A
The Commission has produced an Easy Guide to voting, which
includes a section on registration. It is available for download from the
Commissions Do Politics website at www.dopolitics.org.uk. Order
details can also be found on the website.
1.41 It is important that office and contact staff are trained to deal with
enquiries from people with learning difficulties and from people who have low-
level reading and writing skills. In particular, they should be made aware of the
importance of speaking clearly to people with a learning difficulty and, if
necessary, be prepared to repeat the information to them.
1.43 Attitudes of staff are vital. Patience and understanding are important
when communicating with all members of the public, but particularly so for
disabled electors: if a disabled person has a negative experience, it may deter
them from registering in future.
A
The Commission has produced an Easy Guide to voting, which
includes a section on registration. It is available for download from the
Commissions Do Politics website at www.dopolitics.org.uk. Order
details can also be found on the website.
1.45 People who have a mental health condition may need the process to be
explained to them several times, as they may have difficulty concentrating and
taking in large amounts of new information at any one time. Some people with
a mental health condition may also find it very difficult to make what may
seem like minor decisions, such as registering to vote. The attitude of staff
Sources of advice
1.46 Guidance and advice on access issues are available from a variety of
organisations, some of which are listed below. In addition, local groups for
both disabled electors and those from minority ethnic communities may also
be able to offer advice and assistance. The councils social services and
education departments may hold contact details for these local groups and
may be able to advise on how best to approach electors with disabilities. They
may also have useful training materials that can be adapted for use by
canvassers. Professional advice could also be obtained from an access
auditor.
1.51 The RNIB can also offer guidance on producing tape recordings, Braille,
e-text and accessible websites. Further information on these issues is
available at www.rnib.org.uk.
Scope
1.52 Scope is a disability organisation working throughout England and
Wales. In Wales, it is known as Scope Cwmpas Cymru. Its aim is for disabled
Capability Scotland
1.53 Capability Scotland works with local authorities and disabled people to
improve access to elections in Scotland and encourages disabled people to
vote. It also conducts surveys of disabled voters and their carers after each
scheduled election. While not geared towards the registration process, its
questionnaires cover ease of access to register as an absent voter. Further
information is available at www.capability-scotland.org.uk.
Mencap
1.54 Mencap is a UK charity which campaigns for equal rights for children
and adults with a learning disability. They also have experience in producing
easy-read literature. Their website www.mencap.org.uk provides further
details.
A
More information on how to raise public awareness among speakers
of other languages and minority ethnic groups can be found in Section
2, Public awareness activities, below.
1.60 Below are a few examples concerning translated material and publicity
for electoral registration which Electoral Registration Officers may wish to
consider:
1.65 While absent voting application forms are not prescribed, regulations
require that the signature appears against a background of white unlined
paper of at least three centimetres long and two centimetres high and that the
date of birth is configured [d][d] [m][m] [y][y][y][y].7
1.66 The only form used for registration purposes that is prescribed is the
canvass form. The legislation does, however, allow for some limited variation,
7
Regulation 51(3A), RPR 2001; Paragraph 1(1A), Schedule 3, Scottish Parliament Order;
Paragraph 1(3), Schedule 1, NAW (RoP) Order 2007.
1.67 In general terms, the following two principles should be applied when
considering any departure from prescribed forms:
1.68 The following sets out what these principles mean in practice:
8
Section 10(4), RPA 1983.
1.77 Use plain English.9 Where forms are not prescribed, consideration
should be given to how requests for information are expressed. The Plain
English Campaign can provide guidelines on using accessible language and
operates a Crystal Mark scheme to approve plain English texts. For further
information visit www.plainenglish.co.uk/guides.htm. Using plain English can
also make translation easier. Where forms are prescribed, consideration can
also be given to changing the precise words used in the model forms,
although legal advice should always be sought to ensure that the textual
changes planned do not depart significantly from the legal requirements.
9
Plain English is defined by the Plain English Campaign as language that the intended
audience can understand and act upon from a single reading.
1.81 Review your main forms. Record any emerging problems and take
advantage of opportunities to make small-scale changes. The National Audit
Office also recommends carrying out large-scale re-engineering reviews
every three to five years.10 These types of reviews are set up with a definite
objective and their focus is directed at getting the objective implemented. This
will often result in a more radical alteration to the forms overall design.
Reviews should at the least cover:
1.83 Accessible websites benefit disabled and non-disabled people alike: the
more accessible a website is, the more user-friendly it will be and the more
people will be able to use it. Accessible websites can also help users with
slow modem connections, older computers and web browsers that only read
text.
1.84 The key thing to remember in presenting material on the internet is that
people read web pages differently to printed materials. There are particular
considerations that need to be borne in mind when placing information and
forms online. Below are a few general guidelines on creating user-friendly and
accessible web pages. These are based on the World Wide Web
Consortiums11 Web Content Accessibility Guidelines and on advice provided
by a number of disability groups. The guidelines do not cover the technical
details for designing an accessible web page, but these can be found on the
World Wide Web Consortiums Web Accessibility Initiative at
www.w3.org/TR/WCAG10/ and www.w3.org/TR/WCAG20/.
1.85 Place relevant content at the top of the page. A study has revealed
that people skim-read web pages and tend to read them in an F-shaped
pattern.12 This means that they concentrate on the top half of a page and then
10
See www.nao.org.uk/publications/nao_reports/02-03/02031145.pdf.
11
The World Wide Web Consortium is an international consortium where member
organisations and the public work together to develop web standards.
12
See, for example, www.useit.com/alertbox/reading_pattern.html.
1.86 Make sure that all text is clear and resizable. This will make it easier
to read for those with visual impairments. A minimum 12 point font size should
be used as standard.
1.88 Remember that some readers may be colour blind. For example,
some users will not be able to differentiate between red text and a green
background. Vischeck is a free tool that simulates the effects of different types
of colour blindness on web page colours. For more information, go to
www.vischeck.com/vischeck/vischeckURL.php.
1.89 Do not rely on colour alone to transmit information. Colour can help
signpost different parts of a page if used consistently, but do not use items like
green click buttons for yes or red ones for no without any supplementary
text.
1.90 Provide text alternatives for all images. People who rely on special
software to read web pages aloud or to have them translated into Braille will
not be able to access images. Also, images do not scale well and become
blurred and pixelated when magnified. Ask the IT department to use
descriptive alt tags for all images which, unlike images, text readers will pick
up: for example, the alt tag for a picture of a ballot box could read photograph
of a ballot box.
1.91 Use plain English where possible. This will help those with low literacy
levels and those for whom English is not their first language.
1.93 Do not use click here for links. Some text readers will read a pages
links separately and the phrase click here will not give them the information
they need to navigate the site or to access related information.
1.94 Keep blank areas to a minimum. The RNIB recommends this because
large areas of blank space can prove problematic for visually impaired
people.13 Many partially sighted people will use screen magnification software
to read web pages and as they scroll down large blank areas they may find it
difficult to find a specific item or may not even realise that there is something
else on the page to find.
13
See
www.rnib.org.uk/xpedio/groups/public/documents/publicwebsite/public_screenmagnification.
hcsp
1.96 Ensure that the page is fully functional without a mouse. This is
particularly relevant for drop-down selection lists and interactive forms. There
should be a logical and predictable tab sequence to the different items on a
page to assist visually and mobility impaired people who are unable to use a
mouse. Drop-down menus should have manual Go buttons, rather than
triggering a change instantly in order to allow users to review their choice.
1.97 Test the web page on colleagues and with stakeholder groups.
Local disability groups should be contacted and asked to user-test the web
page or form. The RNIB also provides accessibility testing and accredits
websites it considers to be accessible.
Resources
Equality and Human Rights Commission (EHRC)
1.98 The former Disability Rights Commission, now part of the EHRC, has
developed a guide to good practice in commissioning accessible websites,
which can be downloaded from:
www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/
Websiteaccessibilityguidance.aspx. This document also offers advice on how
to find web developers with accessibility expertise.
Mencap
1.99 Mencap offers some general advice on making websites accessible for
people with a learning disability at:
www.mencap.org.uk/download/webaccess.pdf.
RNIB
1.100 The RNIB awards its See it Right logo to websites it has found to be
accessible. Information on how to receive See it Right accreditation and links
to accredited websites can be found at:
www.rnib.org.uk/xpedio/groups/public/documents/PublicWebsite/public_acces
siblewebsites.hcsp.
Statutory requirements
2.2 Section 69 of the EAA introduced a duty for Electoral Registration
Officers to promote registration and electoral participation and states that they
must have regard to any guidance from the Commission on this matter.
2.7 The Electoral Registration Officer should consider working with other
Electoral Registration Officers and with Returning Officers in the development
of their public awareness strategy. Such joint working can help to deliver cost
and efficiency savings and can also ensure a consistency of message across
a wider area.
A
The Ministry of Justice has an Electoral Participation Fund (a total of
2.5 million per financial year) which Electoral Registration Officers
and Returning Officers in England and Wales can claim against to
offset expenditure that they have incurred in pursuance of Section 69 of the
EAA. The fund is available for activities relating to any statutory election
and/or registration. The nominal maximum entitlement that a given Electoral
Registration Officer or Returning Officer will be entitled to will be determined
by reference to local authority area and calculated on a per local elector
basis. Claims may also be submitted jointly with other local authorities. For
further details, please contact Kamla Joshi on 020 7210 8227.
S
In Scotland, funding is provided to local authorities via their Grant
Aided Expenditure, which is intended to be used to meet the
responsibilities arising from the EAA. While it is not ring-fenced
money, it should be available to encourage participation in elections, in
making preparations for new duties being introduced and any other
obligations imposed by the Act. Sheila Scobie at the Scotland Office can be
contacted on 0131 244 9007 for further details.
2.11 An evaluation of public awareness work should help to collect the right
information about the work undertaken, so that successes and lessons learnt
are documented and recommendations can be made for the future.
2.12 The best time to plan and scope any evaluation is during the planning
stage of the project. The advantage of making an evaluation plan at the start
of a project is that it can sometimes identify ambiguities or inconsistencies in
the proposed activity which can be corrected before it is launched. At the
planning stage it is important to define the questions to be addressed by the
evaluation and how these questions might be answered.
2.13 Any evaluation plan should clearly describe why the evaluation is taking
place and what it intends to do. The evaluation should relate back clearly to
the initial objectives of the project.
2.14 An evaluation plan should set out any limitations to the evaluation,
including any potential risks to the reliability and validity of the evaluation
design and the resulting findings.
2.15 The evaluation plan should identify relevant stakeholders who would be
interested in the evaluation and who the findings should be shared with. It
might also be worth seeking stakeholder views on the evaluation plan.
2.16 All evaluations need quantifiable measures for the general objective of
the initiative being evaluated. A mix of indicators should be used, some of
which might be behaviour-based (what people have done, what has actually
happened) or perception-based (what people believe to have happened). It is
important to attempt to measure:
2.19 The evaluation plan needs to set out who and how many will participate
in the evaluation. The evaluation plan should also determine who is going to
be responsible for the various parts of the evaluation. The timetable should
include implementation of the project, analysis and reporting of the evaluation.
Producing leaflets
2.21 Leaflets can be an effective way to convey information about registration
and absent voting. A leaflet provides the space to present ideas clearly and
with graphical impact. It also gives people a chance to take information home
so that they have more time to absorb it and can keep a visual reminder of it.
Once distributed, a leaflet may end up being read by many more people than
the person it was first handed to, thus widening its impact. Leaflets can,
without much expense, be disseminated by hand or by post, inserted in local
newspapers for distribution, and left in venues such as shops, restaurants,
cafes and libraries. Local authority reception areas should also be stocked
with up-to-date leaflets.
2.23 Size is also relevant. A leaflet that does not fit easily into a pocket or a
bag will be thrown away. Libraries tend to have leaflet racks of a particular
size, and so if leaflets are to be deposited in libraries, it would be advisable to
enquire about the size of their leaflet racks so that leaflets can be designed
accordingly.
2.24 Presentation is also important. Pictures and graphics can be useful aids
to reinforce the information provided in the text. How these pictures are
presented will contribute to the way readers perceive their importance.
Formatting should be used to make the text stand out and create an
impact. Short paragraphs marked with headings can be useful. Font size
or colour may also be used to highlight particular text sections, while
bullet-pointed lists can help users to navigate the information. The
information should also be presented in easy-to-understand language,
using plain English where possible.
14
Adapted from Christian Aids Pressureworks website www.pressureworks.org.uk.
Making a booklet. An A5 booklet could have a front and back cover and
a two-page spread inside. The front cover lends itself to a single,
powerful statement and a hard-hitting graphic to support the leaflets title.
These should be gripping enough to make anyone want to read on.
Pages two and three can then be used to provide all the main
information, such as how and when to register to vote. Finally, the back
cover should include contact details for people who want to know more
or want to get involved. Partnership organisations should also be
mentioned if relevant.
A
Section 1, Making registration accessible, above, provides guidance
on how to make publications more accessible.
Young people
2.27 It is crucial to remember that young people are new to the electoral
process and that their awareness of registration may be limited. A review of
relevant studies on voter engagement among young people in the UK is
provided in the Commissions report, Voter engagement and young people,
which is available at www.electoralcommission.org.uk.
I
The following are some examples of activities, which have been
trialled with young people and that are designed to bring politics alive
and get young people thinking about how politics affects them. The Do
Politics website contains more details on how to run each activity at
www.dopolitics.org.uk/HowTo/how-to-2.cfm.
Run a political speed dating event. Political speed dating is a fun and light-
hearted way for participants to interact with their representatives. Like
conventional speed dating, each session consists of a series of three-minute
dates (or interactions). During this time people can ask their partner anything
except their age, party affiliation and place of residence. The idea is to focus
on what the person is really like. When the gong sounds, regardless of how
engrossing the conversation, everyone moves on.
2.32 Apart from accessing the materials listed above, there are steps
Electoral Registration Officers can take to improve registration among BME
communities in their area.
2.33 If there are particular community groups that are known to be under-
registered, the Electoral Registration Officer may want to provide materials in
the appropriate languages. The Commission does provide a range of
information and forms in a variety of languages (including Arabic, Bengali,
Chinese, French, Gujarati, Punjabi, Urdu and Polish). These are available
from the Commissions website (www.electoralcommission.org.uk) and the Do
Politics website (www.dopolitics.org.uk). The Electoral Registration Officer
may, however, want to tailor information to local circumstances. In that case,
there are a few issues that will need to be considered:
A
Further information on citizenship ceremonies and promoting
electoral registration can be found in Part B, Entitlement to register
and Part E, Improving completeness and accuracy.
Disability groups
2.36 Disabled people are not one single homogeneous group and different
people will encounter very different access barriers. Disabled people may also
have multiple impairments and could therefore face multiple barriers. While it
is important to consider how to deliver information about the electoral process
to all disabled voters, the following paragraphs go into more detail for two
groups that are particularly affected by inaccessible information which are
people with visual impairments and people with communication or learning
difficulties. Information is also provided about producing materials in
accessible formats such as Braille, large print and audio.
2.37 The DDA 1995 places a duty on public authorities to have regard to the
promotion of equality and the prevention of unlawful discrimination. Councils
are public authorities and the Commission believes that, as an officer
appointed by the council, the duty to promote equality and prevent
discrimination extends to the Electoral Registration Officer. This includes
meeting disabled peoples information needs.
2.39 To ensure that the information needs of people with a visual impairment
are being met, the following points should be considered:
Ensure that all printed information adheres to the RNIBs clear print
guidelines. This includes ensuring that the font size is no smaller that 12
point, that high-gloss paper is not used (as the reflected light can make it
difficult to read) and the contrast between the typeface and the
background is clear. For further information on this see also Section 1,
Disabled electors, above.
Make sure that websites comply with accessibility guidelines. For more
information see Section 1, Writing for the web, above.
Provide information though talking newspapers. There are over 500 local
talking newspapers across the UK. They record local news and
information in audio format for blind and visually impaired people. To find
out if there is a talking newspaper in a specific area, contact the Talking
Newspaper Association (www.tnauk.org.uk).
2.40 It should not be assumed that people with learning difficulties will not
understand how the registration process works. All that needs to be
recognised is that some people may need appropriate support with some
aspects of registration:
2.41 The Commission has a range of public information leaflets and forms
available in Braille, large-print and audio formats. The Commission also has
an illustrated easy-read guide to voting for people with a learning difficulty:
see the Commissions catalogue at www.dopolitics.org.uk for more
information. Disability rights organisations also provide practical advice on
different aspects of the electoral process, including registration. A list
containing a number of these organisations is provided in Section 1, Disabled
electors, above.
Service voters
2.42 The Commission works closely with the Ministry of Defence to
encourage service personnel to register. Unit Registration Officers (UROs)
have been appointed in military units across all three armed forces.
2.43 The Commission and the Ministry of Defence have recently run an
activity during the annual canvass period to promote registration among
service personnel. This activity included:
A
Guidance on the practicalities of registering service voters is provided
in Part F, Special category electors.
Homemovers
2.46 People who fall within this target audience tend to be under-registered
due to situational factors rather than attitudinal ones. It is important to bear
this in mind when considering the sort of message Electoral Registration
Officers may wish to convey. This audience is unlikely to require as much
convincing to get involved as other under-registered groups and so the
message can be more factual with less emphasis on the motivational content.
A
Part E, Improving completeness and accuracy, provides details on the
inspection of other data for registration purposes.
Further information
2.48 The Do Politics Centre (www.dopolitics.org.uk) is the Commissions
online resource for electoral administrators. It pulls together all of the
Commissions public awareness and educational materials, along with advice
and guidance for practitioners aiming to increase voter awareness and
registration.
2.49 All materials on the website are free to access and include good practice
case studies, campaign techniques and templates for awareness-raising
activities among a variety of target audiences such as those detailed above.
Contents
1 Introduction
5 Legislation
a
The self-assessment form can be downloaded from our website at
www.electoralcommission.org.uk/performance-standards/assessment-
criteria
1.2 The Electoral Administration Act 2006 (EAA) amended the Political
Parties, Elections and Referendums Act 2000 (PPERA) to give the
Commission powers to set standards of performance for EROs, Returning
Officers (ROs)1 and Referendum Counting Officers (RCOs) in Great Britain.2
Under these provisions, the Commission may:
1
The performance standards provisions introduced by the EAA do not apply to local
government elections in Scotland.
2
Sections 9A and 9B, PPERA, as amended by Section 67, EAA. See Section 5 for the full
legislative text.
2.2 In October 2008 the Commission directed EROs across Great Britain to
complete and return a self-assessment against the 10 standards. The
deadline for returning the information was 16 January 2009. We received
information from all 404 EROs in Great Britain, representing a return rate of
100%. We published our first analysis of EROs performance in April 2009,3
which is available on our website at
www.electoralcommission.org.uk/performance-standards alongside a web tool
that gives a breakdown of individual ERO performance, and allows
comparison between different authorities across Great Britain.
2.4 The performance standards for EROs are intended to both reflect and
support our guidance. In particular, they reflect those priority areas where we
believe there would be significant risk to confidence in the effectiveness of the
electoral process if the standards were not met.
2.5 The first round of reporting of EROs performance against the standards
highlighted areas where improvements are needed, specifically relating to
integrity, participation and planning. We used these findings to identify
opportunities to provide further support and assistance.
3
Performance standards for Electoral Registration Officers in Great Britain: First analysis of
Electoral Registration Officers performance (Electoral Commission, 2005) available at
www.electoralcommission.org.uk/performance-standards.
4.2 The Electoral Commission has a legal power to direct EROs to provide a
report on their performance against the published standards (see Section 5 for
full details of the legislation). The self-assessment process ensures that the
standards are reflective of the work, knowledge and experience of the ERO.
We appreciate that much of the operational work and day-to-day duties may
be carried out by other staff. However, it must be remembered that the legal
responsibility for the delivery of the electoral registration function remains with
the ERO.
4.4 The basis of the self-assessment is derived from four key questions
within the performance standards framework.
4.5 Although EROs should use the four questions as the basis of their
approach, the questions should be flexibly interpreted in the light of the
individual EROs specific goals, taking into account any contextual factors.
Under each standard there is space provided for EROs to provide additional
information to further support their assessment.
4.6 The nature of self-assessment will vary according to the criteria in each
standard. EROs will need to demonstrate an understanding of what they do
well, what needs improving, and how this improvement can be monitored,
achieved and evaluated over time. The key test of the resulting self-
assessment report is its ability to demonstrate how high quality is sustained
and improvement is ensured. An annual self-assessment report gives the
opportunity to evaluate what is done well and what needs to improve.
4.8 EROs are asked to assess themselves against each of the 10 standards
according to three different categories: Not currently meeting the standard,
Performance standard, and Above the performance standard. The
assessments are to be made in accordance with this guidance, which outlines
the level of performance we would expect in order to satisfy the particular
criteria at each level.
I
The ERO should assess themselves against the 10 standards by
putting one tick in the box for each standard that matches their current
level of performance. All requirements of the particular level chosen by
the ERO must be met. Where an ERO feels that their performance falls
between two standards, the ERO should mark themselves at the lower level
and use the free text boxes to explain the assessment they have chosen.
4.9 For some of the standards there are two levels of performance in the
Not currently meeting the standard section, and in one case, two levels of
performance in the Above the standard section. Within the Not currently
meeting the standard section, the lower level indicates that the officer does
not carry out any activities towards meeting the standard, while the second
level indicates that some of the activities we would expect are being carried
out, but not sufficiently to meet the standard.
4.10 The sections within each standard are cumulative. Therefore, if the ERO
assesses themselves against Above the standard we expect that they also
carry out all the measures listed in the Performance standard.
i
EROs are not required to send in any evidence when returning their
self-assessment form. However, the Commission will ask to see
evidence from a sample of EROs at a later date during the verification
process in January to February 2010.
4.12 After we have received all the self-assessment forms and verified the
selected sample, we will publish details of each EROs assessment of their
performance against the standards on our website at
www.electoralcommission.org.uk/performance-standards.
4.13 We will also undertake an analysis of the returns, which will aim to build
a national picture of performance. This will also identify any trends or
anomalies, as well as areas where there may be evidence of good practice
that could be shared and considered further. In addition, the analysis will
assist in identifying areas where we need to provide further assistance or
guidance. Further, it will play a role in reviewing the standards and ensuring
that they contain relevant and appropriate information.
4.14 The following pages contain the published performance standards for
EROs in Great Britain and explanatory notes to assist in the completion of the
self-assessment form. We have made references to the relevant parts of the
Commissions guidance for EROs where appropriate.
This standard aims to ensure EROs use appropriate sources of information to verify records on the register of electors and identify
potential new electors.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO relies solely on annual canvass returns and
meeting the rolling registration applications to maintain the register
performance of electors and uses no other sources of information to
standard verify records.
2. The ERO uses the records they have the power to details of what records are checked
inspect to verify entries on the register of electors
during the annual canvass period only. The ERO
ensures that electors who are reported as having
moved or died are removed.
Performance 3. The ERO proactively identifies and uses the records details of what records are checked
standard they are entitled to inspect, throughout the year, and when
including during the annual canvass period, to verify
and validate data held on the electoral register.
Above the 4. The ERO takes a proactive approach throughout the details of what records are checked
performance year to identify and contact potential electors who may and when
standard have moved into, or within, the local authority area, details of what contact is made and
such as by using council tax records to identify what action is taken
residents of newly occupied properties.
4.16 The records EROs are entitled to inspect in order to verify and validate
entries on the register of electors include:
the records produced periodically by the registrar of births and deaths for
the area4
council tax records
housing records
such other records of the council (including third parties providing a
function of the council) that may assist them in carrying out their
registration function
a
Part E Improving completeness and accuracy (Section 2) provides
further information on sources of information for electoral registration.
4.18 Sources of information the ERO may seek to use throughout the year to
assist with identifying and contacting potential electors could include:
residential/care/nursing homes
educational halls of residence
landlords of private properties in multiple occupancy (Houses in Multiple
Occupancy HMOs)
shelters and hostels for those without permanent residences
estate agents and letting agents
4.19 The ERO may also liaise with council tax departments to ensure that
registration forms are sent out to residents of newly occupied properties
4
In Scotland, it is the registrar of births, deaths and marriages.
Subject: Completeness and accuracy of electoral registration records Integrity a secure process for
registration and voting
This standard aims to ensure EROs use all appropriate sources of information available to them to ensure all relevant properties are
included in the property database.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO takes no steps to maintain an accurate
meeting the property database.
performance 2. The ERO updates the property database on an annual details of when the system has been
standard basis only, following the annual canvass. updated
Performance 3. The ERO maintains a property database on a details of what records have been
standard continuous basis throughout the year, using available checked and how often
records including council tax, planning and building
control and the authoritys Local Land and Property
Gazetteer (LLPG)/Corporate Address Gazetteer
(CAG).
Above the 4. The ERO also uses relevant external sources, such as details of what records have been
performance Royal Mail and/or Land Registry/Registers of Scotland, checked and how often, or attempts
standard and undertakes other activities to update the property to check records
database. details of contact made with external
sources
4.21 Records the ERO may wish to use to maintain the property database
include:
council tax
planning and building control
Local Land and Property Gazetteer (LLPG)/ Corporate Address
Gazetteer (CAG)
a
Part E Improving completeness and accuracy (Section 2) provides
further information on sources of information for electoral registration
and how they may be useful.
4.23 Other external sources of information the ERO may wish to use include:
4.24 Other activities used to maintain the database may include using
canvassers to validate the database when making house-to-house enquiries.
EROs should ensure that canvassers receive clear instructions about
recording and reporting property related issues that they identify, for example
if a building has been demolished, flats converted back to a house or a new
property built. Where poll cards are hand-delivered by electoral staff, this
exercise can also be used as a mid-year check of the database.
Subject: Completeness and accuracy of electoral registration records Integrity a secure process for
registration and voting
This standard aims to ensure that EROs make the necessary house-to-house enquiries to ensure that all eligible residents are registered
(Section 9A and 10(5) of RPA 1983).
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO has no plan setting out when to carry out
meeting the house-to-house enquiries.
performance 2. The ERO has a written plan setting out when to carry plan and timescales
standard out house-to-house enquiries but has not met the
objectives identified in their plan.
Performance 3. The ERO has a comprehensive written plan ensuring canvassing plan
standard that properties which have not responded to the annual canvass results records
canvass and, where the ERO is not otherwise satisfied
that eligible electors are resident, are subject to house-
to-house enquiries on at least one or more occasions.
Progress against the plan is monitored including actions
such as recording contact with residents made by
canvassers.
Above the 4. The ERO has developed and put in place a specific canvassing strategy
performance strategy for carrying out house-to-house enquiries. This
standard should include:
identifying when and how house-to-house enquiries
should be carried out
considering any needs or difficulties associated with
particular areas and preparing accordingly
the monitoring of canvasser performance
providing for personal visits to be carried out throughout
the year in connection with the identification of eligible
residents in conjunction with plans for identifying
potential newly eligible residents
4.26 It is important to note that this need not be a separate plan from the plan
required to meet Performance standard 9: Planning for rolling registration and
the annual canvass, as long as the plan meets all of the requirements outlined
in the standard. The plan should document the effective delivery of the annual
canvass and be sufficiently clear and detailed so that it can be followed by any
persons delegated to carry out work on behalf of the ERO.
4.27 Section 9A of the Representation of the People Act 1983 (RPA 1983)
places a duty on EROs to take all steps that they consider to be necessary for
the purpose of compiling complete and accurate electoral registers. The steps
set out in Section 9A, which include making house-to-house enquiries on one
or more occasions, are not required to be taken in any particular order.
However, if no response has been received and the ERO considers that
insufficient information has been received to enable them to determine
whether a person/persons should be registered at a particular address, the
ERO should then make such house-to-house enquiries as are necessary to
enable them to fulfil their duty under Section 9A of the RPA 1983.
4.28 In certain individual cases there may be circumstances that could lead
an ERO to not canvass a particular address, for example, in an extreme case
where for reasons of personal safety the ERO may deem it not safe to send a
personal canvasser to an address. However, in arriving at such a decision, the
ERO would need to be able to demonstrate that they had carried out a proper
assessment of the circumstances and that all options had been considered.
EROs must ensure that appropriate resources are provided to enable house-
to-house enquiries to be carried out in order to comply with their statutory
duties under Section 9A of the RPA 1983 and to meet the standard.
a
Part C The annual canvass (Sections 1, 2, 3 and 6) provides
information on planning for and undertaking the annual canvass.
Above the 4. The ERO has carried out a risk assessment for written plan
performance identifying and dealing with registration and absent details of what the threshold is for
standard vote applications which may be of concern, in the number of absent vote
particular applications from multi-resident properties, applications being directed to any
those requesting signature waivers for absent votes, one address.
and multiple applications for redirection of absent risk assessment documentation
votes to a single address. The ERO acknowledges
all applications for registration on receipt of the
application, and not only on grant or refusal of the
application.
5. The ERO continuously evaluates the risk risk assessment documentation
assessment for identifying and dealing with written plan
registration and absent vote applications which may details of what the threshold is for
be of concern. The ERO engages with staff in other the number of absent vote
council services to carry out checks and offers applications being directed to any
advice to staff of multi-elector establishments such one address
as landlords, wardens, care staff and other details of who the ERO engages with
accommodation administrators on the registration and how often and what is done
and absent voting process. The ERO carries out details of how the sample of absent
checks on the signatures and dates of birth provided vote applications has been devised
on a sample of absent vote applications against any details of findings of checks
other signature or date of birth that they hold or that
they are entitled to inspect such as rolling registration
application forms.
4.31 The RPA 1983 defines most offences for electoral registration and postal
voting applications. Other legislation, such as that relating to forgery and false
statements, or common law provisions may also apply.
a
Part E Improving completeness and accuracy (Section 4) includes
information on what to look for and what action to take when the ERO
has concerns about specific registration or absent vote applications.
4.35 The ERO must also acknowledge all applications for registration when
the application is received and not only on grant or refusal of the application.
4.37 The ERO should monitor the risks outlined in the risk assessment
documentation required to meet level 4 Above the performance standard on
an ongoing basis. The risk assessment documentation should then be
updated where appropriate.
4.38 The ERO should keep a record of the people they engage with in other
council services, such as council tax, and include the frequency of contact and
what is done as a result.
4.39 The ERO should be able to provide details of their policy on checking
samples of absent vote applications, for example, the total number of
signatures and dates of birth checked and against which records, and the
results of any checks made. The ERO should also provide details of the
processes to be followed specifically if signatures and dates of birth do not
match.
a
Part H Access and supply (Section 4) lists those who the ERO has a
duty to supply full copies of the electoral register to.
4.41 The ERO should provide training or guidance notes to those staff who
will be supervising inspection of the register, giving details of how that access
should be provided, and to ensure that they are aware of the rules
surrounding access to the register. Similar guidance notes should also be
developed for those who purchase copies of the register of electors to remind
them of the legislation surrounding use of the register.
a
Part H Access and supply (Section 3) provides information on the
process of inspection of the register.
A guidance note for those who supervise access to the register is available to
download from our website at:
www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/managing-electoral-registration-services
4.44 The ERO should also maintain an up-to-date record of the details of
those organisations entitled to receive the full and edited register and be able
to provide a record of who has been supplied with copies of the register and
when, including any fees paid.
This standard aims to ensure that EROs develop and maintain an effective and appropriate public awareness strategy.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO has no specific public awareness strategy
meeting the in place.
performance 2. The ERO does not maintain a written public
standard awareness strategy, and relies on unstructured
management controls such as oral or written
updates. Objectives, risks and resources are not
formally documented.
Performance 3. The public awareness strategy is documented written strategy
standard including: evaluation plan
identifying target audiences risk register
clearly defined objectives and success measures
risks identification and mitigation
resources (financial and staffing)
evaluation plan which records the results of the
activities undertaken
Above the 4. In addition to the above, the public awareness written strategy
performance strategy also includes: evaluation plan
standard a specific participation budget with a breakdown of risk register
how this will be used participation budget
assessment of the needs of those different audiences evidence of proactive evaluation
and the most effective methods of reaching them such as lessons learned reports
plans for different activities at different parts of the and/or recommendations to improve
year future activity
evaluation that leads to proactive analysis of lessons
learned in order to inform recommendations for new
or improved participation activity for the future
4.46 It is important to note that this need not be a separate strategy from the
strategy required to meet Performance standard 5 of the Commissions
Performance standards for Returning Officers (March 2009) available at
www.electoralcommission.org.uk/performance-standards. Indeed, depending
upon the structure and split of responsibilities of the local registration and
elections functions, there may well be benefits in a joint strategy for both
registration and elections as there is an obvious overlap between the two in
terms of participation and communication activity. A joint strategy may also
encourage effective working partnerships between EROs and Returning
Officers, communications teams and others within the council.
4.47 All strategies should cover the points below, as outlined in the standard:
a
Advice on developing a public awareness strategy and evaluating
public awareness work, including examples of success measures and
evaluation methods, can be found in Part I Accessibility and
participation.
5
See page 25 for more details of the Ministry of Justice Electoral Participation Fund.
a
The Ministry of Justice has an Electoral Participation Fund (a total of
2.5 million per financial year), which EROs and ROs in England and
Wales can claim against to offset expenditure that they have incurred
in pursuance of Section 69 of the Electoral Administration Act 2006 (EAA).
The fund is available for activities relating to any statutory election and/or
registration. The nominal maximum entitlement that a given ERO or RO will
be entitled to will be determined by reference to local authority area and
calculated on a per local elector basis. Claims may also be submitted jointly
with other local authorities. For further details, please contact the Ministry of
Justice Elections and Democracy Division on 0203 334 3837.
S
In Scotland, funding is provided to local authorities via their Grant
Aided Expenditure, which is intended to be used to meet the
responsibilities arising from EAA. While it is not ring-fenced money, it
should be available to encourage participation in elections, to make
preparations for new duties being introduced and any other obligations
imposed by the Act. Sheila Scobie at the Scotland Office can be contacted on
0131 244 9009 for further details.
a
Part I Accessibility and participation includes examples of how to
work with partners, such as organising a local working group to input
on the public awareness strategy, or tying participation work into
existing events. The Commissions Do Politics website www.dopolitics.org.uk
also provides:
advice on working with the media, including template press releases for
different audiences, and tips on being interviewed
case studies of participation work done by a range of organisations with
different target audiences
a regular newsletter highlighting relevant projects run by a range of
organisations
4.54 Possible external bodies that the ERO may want to engage with will
depend on local circumstances, but may include:
4.56 The ERO will need to take note of specific research and/or consult with
appropriate organisations to determine appropriate languages and formats.
This may include:
4.57 The ERO should be able to provide details of how the most accessible
method of communicating information has been decided. Different audiences
will need to be approached differently, and a single communication method or
format will not necessarily be sufficient to reach all audiences. The ERO
should consider and document:
a
Part I Accessibility and participation includes information about
understanding and communicating with different audiences.
4.59 Once accessibility practices have been put in place, it is important that
the ERO remains responsive to changes in the demographics of the area by
actively researching whether further formats or languages are necessary.
Monitoring may include:
4.60 The ERO should also provide details outlining the method for providing
support for those who have difficulty filling out the necessary forms both at
their offices and at the electors homes (when requested) throughout the year.
4.61 Additionally, the ERO should have a robust evidence base for why they
have chosen particular methods. The ERO should measure and record the
success of different dissemination methods and base future work on this
evaluation. An evaluation plan of the different dissemination methods may
include consideration of the following points:
a
Advice on evaluation, including examples of success measures and
evaluation methods, can be found in Part I Accessibility and
participation.
clearly defined objectives and success measures, i.e. what do you want
to achieve and what will success look like?
risks identification and mitigation the plan or separate risk register
should identify all risks and the necessary actions identified to reduce or
mitigate risks
recruitment of temporary/permanent staff where needed
identification of financial and other resources it is important to consider
how much budget is available
evaluation plan recording the results of the activities undertaken, which
is necessary for measuring the effectiveness of a project and
demonstrating achievements
4.64 The above plans and information should be sufficiently clear and
detailed so that they can be followed by any persons delegated to carry out
work on behalf of the ERO. It is important to note that this need not be a
separate plan from the plan required to meet Performance standard 3: House-
to-house enquiries, as long as the plan meets all the requirements outlined in
the standard.
a
Template plans for managing rolling registration and the annual
canvass are available to download from our website at:
www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/managing-electoral-registration-services
4.67 There should be business continuity plans in place to cover for the loss
of staff, loss of service and loss of venue. These should identify what can be
done if such risks do occur, and ensure that the options for dealing with such
eventualities are clearly set out. These can also be outlined in the risk
register. There is a great deal of expertise within local authorities in managing
risk that could be called upon to assist with this process.
This standard aims to ensure that EROs have provided appropriate training for staff to deliver the rolling registration and annual canvass
processes.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO provides no training to either permanent
meeting the or temporary staff other than a basic induction.
performance 2. The ERO provides basic relevant training for schedule of training activities
standard permanent members of staff only, to ensure
awareness and understanding of legislative
requirements.
Performance 3. The ERO provides the relevant training to both schedule of training activities
standard permanent and temporary staff to ensure
awareness and understanding of legislative
requirements.
Above the 4. The ERO has put in place a comprehensive written schedule of training activities
performance training plan for both permanent and temporary training plan
standard staff, and evaluates the effectiveness of the plan evaluation plan and reports
(by using a system of feedback and review) on an
annual basis.
4.69 The schedule of training activities will list the topics covered in the
training, and should cover when and how that training will be delivered. The
schedule should cover all training given to ensure awareness and
understanding of legislative requirements, whether provided by internal or
external sources to:
permanent staff
temporary staff working in the EROs office
those undertaking house-to-house enquires
those monitoring staff undertaking house-to-house enquires
the ERO by their staff
a
Part C The annual canvass (Section 2) provides information on
canvasser training.
4.71 The training plan will expand on the schedule by including details of the
information that will be covered and the methods and activities by which these
are to be delivered. The plan may include copies or links to presentations and
notes of information to be conveyed.
4.72 The evaluation plan, whether contained in the training plan or forming a
separate document, should monitor the effectiveness of the training and
include methods of evaluating training activities and how the training can be
adapted to enable continuous improvement. Methods of evaluating individual
training activities may include the provision of feedback forms for staff
attending training activities. The evaluation plan should not only monitor the
effectiveness of individual training activities but also the effectiveness of the
training plan as a whole, and be used to update and inform future training.
(3) Before determining standards under subsection (1), the Commission must
consult
(a) the Secretary of State, and
(b) any other person they think appropriate.
(5) When the Commission publish standards under subsection (1) they must
send a copy of the published standards to the Secretary of State who must
lay a copy of the published standards before each House of Parliament.
(8) For the purposes of this section and sections 9B and 9C, the relevant
officers are
(a) electoral registration officers;
(b) in relation to elections within subsection (6), returning officers;
(c) in relation to referendums within subsection (7), counting officers.
(4) The Commission shall from time to time prepare and publish (in such
manner as the Commission may determine) assessments of the level of
performance by relevant officers against the standards determined under
section 9A(1).
(6) The Commission must not prepare an assessment under subsection (4)
unless they have received reports in pursuance of subsection (1) from the
relevant officer or officers for the matters to which the assessment relates.
In the United Kingdom people have the right to say who governs them. They therefore have a right to vote (or not to vote) in secret
for who they want, in a way that is easy for them to vote, and to have their vote counted. They expect that electoral services
(registration and elections) should be enshrined in the core values of public office and should support the modernising and ethical
standards agenda in public service.
black and minority ethnic groups, C11, C14, I1011, I12, I278
boats as residences, B910, F27
Boundary Commissions, H10, H28
British citizenship, B1617, D10, E12, F7, G17, I10, I28
see also overseas electors
British Council employees, F1, F205
budgets, electoral registration, A6, A8, A1115, A16, B20, C31, D6, E5, I21
Index, page 1
council tax records, inspection of, C24, D24, E6, E10, E12, E16, I31
credit reference agencies, A15, F378, H1, H13, H1416
criminal law and crime, F36, F39, H14, H32, H39
see also fraudulent applications; police force
Crown servants, F1, F205
custody, legal, B1112, F26, F28
data protection, A6, A8, A9, D15, D23, E24, H18, H23, H24
Data Protection Act 1998, D23, E24, H17, H23, H24, H37, H38
deceased electors, D14, D15, D16, D23, E10
Democracy Cookbook (Electoral Commission), I26
Deputy Electoral Registration Officers, A7, D27
disabilities, electors with, C10, E8, I12, I310, I16, I2830
proxy voting, G13, G1516, G20, G21, I7
signature waivers, E14, G2, G5, G15, G257, I5
see also electoral registration: accessibility
Disability Discrimination Acts 1995, 2005, C10, I12, I28
disallowing of applications, D8, D9, D26, G7
dual citizenship, B16
Index, page 2
removal procedures, D13, D14, D16, D23
review procedures, D235, D28, D34, E15, E16, F35, G29
sale of, A6, A15, B24, H1214, H16, H1718
supply of, A6, A15, B245, C30, H1, H918, H24, H2635
format of, H9, H10, H11, H17, H19
see also notices of alteration
electoral registration
11 day rule and, C30, C31, D13, D1517, D18, H2
accessibility, I119
blind electors, G13, G1516, G21, I3, I45, I9, I14, I17, I18, I289
deaf electors, I56, I9
disabled electors, I12, I37
electoral forms/material, I3, I4, I7, I1218, I28, I30
languages other than English or Welsh, speakers of, I1011
learning difficulties, persons with, B12, I78, I11, I12, I28, I2930
literacy difficulties, electors with, C10, E14, G257, I1, I78, I11, I17
minority ethnic communities, electors from, I1011
mobility and wheelchair issues, I67
race equality, I2
websites, I1619
entitlement to register to vote, B125, F2, F9, F10, F21, F26, F27, I6, I10, I11
legislation, A1, A24, A14
at more than one address, B34
relevant date, B1, B5, B6, B7, C1, C30
see also annual canvasses; rolling registration process
Electoral Registration Officers
breach of duty, A7, A9, C2, F33, H67
data protection, A8, A9, D15, D23, E24, H17, H18, H23, H24
inspection of council records, C2, C9, D23, D25, E6, E7, E10
council tax records, C24, E6, E10, E12, E16, I31
register of HMO licences, C23, E10
statutory duty, C1, C22, D2, E24
legal action by, C19, E56
local authorities and, A5, A6, A710, C19, C20, C22, D2
public inspection of register/documents, D4, D15, D20, G29, H1, H2, H67, H8,
H11, H223, H24, H368, H39
record keeping, A9, D45, E2, E11, F17, F19, F23, F24, F29, H1718
annual canvasses, C2, C8, C19, C25, E15
anonymous registration, F37, F39, H35
overseas electors, C29, E12, F10, F1112, H1
postal/proxy voters, G28, G29, H16, H21, H22, H38, H39
records and lists of absent voters see absent voting: records and lists of
absent voters
request information, entitlement to, B15, C24, D5, D10, D25, E5, E10, E14, F32
informal methods of obtaining information, E1213
staff, A6, A7, C1013, D10, I11
Index, page 3
see also staff training and education
statutory duties, A57, C1, C22, D2, E24
electronic signatures, D3
Equal access to democracy (Electoral Commission), I1
Equality and Human Rights Commission, I9, I18
European Parliamentary elections, B2, B4, B15, B18, B22, D15, F9, F10, H21,
H27, H31
citizens of EU member states, A5, B2, B3, B15, B201
peers and, B2, B3, B23, F16, F21
European Parliamentary Elections Act 2002 (EPE Act 2002), A3
European Parliamentary Elections (Franchise of Relevant Citizens of the Union)
Regulations 2001, A2
European Union member states, citizens of, B1922, E5, F2, F16, F21, F28, F31,
G17, I10
European Parliamentary elections, A5, B2, B3, B15, B201
local government elections, B2, B15, B20, B21
hearings process, D5, D7, D8, D20, D21, D22, D24, D25, D269, E15
HM Forces service voters, B6, F1, F1319, F30, F41, I301
absent voting, F17, F18, F19, F24, F25, G13, G17, G21, I31
homeless people, E1112, F278, F30
hospitals, B11, B1213, C23, F26, G16, G17, G23
House of Lords, members of, B11, B23, F9, F16
households in multiple occupation (HMOs), C223, E67, E10, G30
Housing (Scotland) Act 2006, C22, E6, E7
Housing Act 2004, C223, E67
housing associations, C24, E5, I21
Index, page 4
leave to remain in UK, B17, B18, C24
legal cases, B89, D12, D14, G30, H2
legal incapacity to vote, B1, B1114, B23, F5
libraries and archives, H67, H11, H19, H32
national, H10, H19, H26, H334
local authorities
supply of register to, A15, H11, H301
types of, A5, E2, E11, H11, H30
see also Electoral Registration Officers
local connection, declaration of, B10, B11, B12, B13, F1, F2630, F41
Local Electoral Administration and Registration Services (Scotland) Act 2006
(LEARS), A3
Local Government Acts 2000, 2003, H11, H31
local government elections, B1, B3, B15, B16, D16, F16, G1, G22, H20
citizens of EU member states, B2, B15, B20, B21
electoral register, A5, B2, B3, B11, B15, B16, C1, D10
peers and, B2, B11, B23, F16, F21
voting in two different authorities, B4
name, changes of, C6, D4, D910, D16, E11, F4, G24
National Assembly for Wales elections, A4, A18, B1, B3, B4, B15, D16, H17, H21
National Assembly for Wales (Representation of the People) Order 2007 (NAW (RoP)
Order 2007), A4
nationality, B1522, C45, D56, D10, E5, F21, I6, I11
change of status, D10, D16, I10
notices of alteration, D1218, E15, F34, H1, H2, H5, H11, H13
election (five working days before poll), C30, C31, C32, D1, D1217, H2, H11
monthly, C27, D1, D1218, E11, F8, F9, F10, H23
nursing/care/residential homes, B13, C23, E8, E11, E15, G16, G30, I3
objections, D4, D8, D16, D1922, D267, D28, D313, E16, F35
Office for National Statistics (ONS), C29, H10, H27
overseas electors, B2, B23, C29, F1, F212, F30, G13, H1
Index, page 5
Parkers Law and Conduct of Elections, A14
peers, B2, B3, B11, B23, F9, F16, F21
performance standards, A2, A16, C2930
personal canvassers, C3, C921, E6, E8, E10, E12, E1415, H24, I56, I11
house-to-house enquiries, A11, C1, C2, C4, C8, C910, C1618, I11
support of, C1417
personal identifiers, C6, D10, E11, G56, G8, G1415, G18, G24
configuration of, G2, G3, G4, G14, G22, I12
data capture and storage, C30, D10, G23, G4, G89, G29, H21
plural voting, prevention of, B22
police force, F36, F37, F39, G6, G7, G30, H8, H11, H32, H38, H39
single point of contact (SPOC), D1011, E1516, G6, G24, G30
political parties, A16, G3, G4, H20, H22, H38
donations to, A18, C27, F38, F40
supply of register to, H12, H17, H2930, H38
Political Parties, Elections and Referendums Act 2000 (PPERA), A1, A2, A16, A18, B3
Postal Services Act 2000, A4
postal voting, G1, G7, G10, G12, G224, G28, G30, G32, H7, I7
application forms, C31, C33, G22, I14, I15
code of conduct, G4
lists of postal voters, G29, H16, H17, H21, H22, H38, H39
proxy, G10, G15, G1819, G22, G28
special category electors, F8, F1011, F17, F18, F19, F24, F25, F32, F39,
F40, I31
power of attorney, B1314, G30
printing and stationery, A810, A13, A15
procurement and production procedures, A810
property databases, C23, E69
proxy voting, B4, F40, G1, G1011, G12, G1321, G28, H7, I7, I14
attestations, G1, G1011, G13, G1517, G20, G31
lists of proxies, G28, G29, H16, H21, H22, H38, H39
mental health and, B1314, G11, G1617
postal, G10, G15, G1819, G22, G28
proxy papers, F10, F17, F18, F23, G18
special category electors, F8, F1011, F17, F18, F19, F24, F25, F30, F40, G13,
G17, G21, I31
public awareness activities, A13, B17, C2, C10, G12, I2031
Index, page 6
Race Relations Act 1976, I2
record keeping see Electoral Registration Officers: record keeping
referendums, B3, B23, F39, H11
refuges, F36, F41
register of electors see electoral register
registrars of births and deaths, C22, C29, D16, D23, E3, E1011
relevant date, B1, B5, B6, B7, C1, C30
relevant time, D14
Representation of the People (Absent Voting at Local Government Elections) (Scotland)
Regulations 2007 (RP (AV) (Scotland) Regulations), A4
Representation of the People Act 1983 (RPA 1983), A2, A4, A5, A6, B8, B11, C24,
E23, F26
annual canvasses, C7, C8, C9, C13, C22, C25
electoral register and, C1, C2, D2, D23
Representation of the People Act 1985 (RPA 1985), A2
Representation of the People Act 2000 (Schedule 4) (RPA 2000), A2
Representation of the People (England and Wales) Regulations 2001 (as amended)
(RPR 2001), A3, C256, D22, H17, H2632
Representation of the People (Scotland) (Amendment) Regulations (2002, 2006, 2007,
2008), A3
Representation of the People (Scotland) Regulations 2001 (RPR (Scotland) 2001), A3,
A4, B24
Republic of Ireland citizens, B3, E5, F16, F21, F22, F28, G17
entitlement to register to vote, B1, B15, B20, B21, F2, I10
residence requirements, B1, B610, B1113, F26
see also local connection, declaration of
restricted entitlement to vote prefixes, B23, B20, B21, B23, C4, F9, F10
Returning Officers, D18, F37, F39, F40, G20, G22, G30, I21
absent voting and, G6, G7, G12, H23
supply of register to, H10, H267, H35
reviews of applications, D235, D28, D34, E15, E16, F35, G29
risk assessment and management, C3, C17, C20
rolling registration process, A56, B5, C278, D1, D334, H2
application forms, D34, D6, D7, D10, E12, H45, I3, I5
in community languages, I1011, I15
Welsh language, C4, I14, I15
determination deadline, D8, D13, D16
timetable, D1218
RPF29 form, B22, C29
Index, page 7
candidates for election, H21, H35
electoral register, B3, H14, H16, H20, H35
Electoral Registration Officers, A5, A11, B3, B24, C29
General Register Office for Scotland (GROS), C29, H10, H28
Housing (Scotland) Act 2006, C22, E6, E7
legislation, A2, A3, A4, C22, E6, E7, G16, G17
local authorities, A5, A11, A15, A19, C31, I21
local government elections, A3, A4, A19, B3
sheriffs, D289, D31, D32, D33, D34, G78
supply of register, H10, H12, H35
Scotland Act 1998, A2
Scotland Office, A19, C31, I21
Scottish Courts Service, B24
Scottish Parliament elections, A4, A19, B1, B3, B4, D16, G18, H21, H22, H35
local government franchise, B1, B15
Scottish Parliament (Elections etc.) Order 2007 (as amended) (Scottish Parliament
Order), A4
second homes, B89, E11
security services, F39, H11, H32, H39
Serious Organised Crime Agency, F36, F39, H39
social services, E8, E15, F36, I3, I4, I9, I21
software, electoral registration, A6, A10, A12, A13, D4, D5, D6, F23, F41, G2, G28
special category electors, B2, B5, B6, F141, H2
see also anonymous registration; HM Forces service voters; overseas electors
staff training and education, A6, A8, A1314, C1314, E15, I11
absent voting procedures, G5, G6, G313
disability issues, I5, I6, I8, I30
students, B7, B8, C23, C24, E11, I21, I26
Wales
absent voting applications, A4, A18
Boundary Commissions, H10, H28
Electoral Registration Officers, A5, A7, C4
HMOs in, C223, E6
legislation, A2, A4, C4, I14
National Assembly elections, A4, A18, B1, B3, B4, B15, D16, F27, H17, H21
Index, page 8
Office of the Secretary of State for Wales, A18
supply of register, H10
Welsh Language Act 1993, C4, I14
Index, page 9