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Managing electoral

registration in Great
Britain
Guidance for Electoral Registration
Officers

EROGB00GE Updated July 2013


Translations and other formats
For information on obtaining this publication in another
language or in a large-print or Braille version please
contact the Electoral Commission:
Tel: 020 7271 0500
Email: publications@electoralcommission.org.uk

The Electoral Commission


We are an independent body set up by the UK Parliament. Our aim is integrity
and public confidence in the democratic process. We regulate party and
election finance and set standards for well-run elections.

Head office Wales


The Electoral Commission The Electoral Commission
3 Bunhill Row Companies House
London EC1Y 8YZ Crown Way
Cardiff CF14 3UZ
Tel: 020 7271 0500
Fax: 020 7271 0505 Tel: 029 2034 6800
info@electoralcommission.org.uk Fax: 029 2038 0996
www.electoralcommission.org.uk infowales@electoralcommission.org.uk
www.electoralcommission.org.uk
Scotland
The Electoral Commission
Lothian Chambers
59-63 George IV Bridge
Edinburgh EH1 1RN

Tel: 0131 225 0200


Fax: 0131 225 0205
infoscotland@electoralcommission.org.uk
www.electoralcommission.org.uk

The Electoral Commission 2008 - 2012


Contents
Part A Context
1 Introduction

2 Legislation

3 Roles and responsibilities


The Electoral Registration Officer
The Deputy Electoral Registration Officer
Staff of the Electoral Registration Officer
External dependencies

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

5 Statutory bodies and government departments


The Electoral Commission
Ministry of Justice
Office of the Secretary of State for Wales
Scotland Office
Scottish Government

6 Resources
Contact details for ordering Electoral Commission forms and
leaflets

Part B Entitlement to register


1 Introduction

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

5 Legal incapacity to vote


Detained persons not serving a sentence
People with learning difficulties or mental health conditions

6 Nationality
General provisions
Dual citizens
British citizens
Commonwealth citizens
European Union citizens

7 Members of the House of Lords


Identifying Members of the House of Lords
Registration

8 Age
Attainers
Jury service and the over 70s

Part C The annual canvass


1 Duties of the Electoral Registration Officer
Steps to be taken by the Electoral Registration Officer
Planning the annual canvass
The canvass form
Including additional non-electoral material on or with
electoral registration forms
Absent voting

2 Undertaking the canvass


Delivery of canvass forms
Making house-to-house enquiries

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

4 Rolling registration forms received during the canvass


period

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

Part D Monthly alterations to the register


1 Introduction

2 The duties of the Electoral Registration Officer

3 Rolling registration applications


Determination of applications
Disallowing applications for registration
Applications during the canvass period
Amendments to existing entries
Integrity

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

Part E Improving completeness and accuracy


1 Definition of a complete and accurate register

2 Sources of information for electoral registration


Inspection of other council records
The use of third-party data
Electoral Registration Officers entitlement to request
information
The property database

3 Capturing data about new residents


Other methods of reaching electors

4 Integrity
Suspicious forms
Objections and reviews

Part F Special category electors


1 Introduction

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

4 Crown servants and British Council employees


Entitlement to register
Validity of declarations
Contents of Crown Servant declarations
Processing of declarations
Renewal of Crown Servant and British Council declarations
Inclusion on the register
Maintenance of records
Methods of voting

5 Declaration of local connection


Patients in mental hospitals
Remand prisoners
Homeless people
Residence on boats and houseboats and in other
residences
Submission of declaration
Validity of declaration
Contents of declaration
Processing of declarations
Renewal of declarations
Inclusion on the register
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

2 Absent voting timetable


Timetable for absent voting
Deadlines for applications in advance of an election

3 Communicating absent voting information

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

7 Marking the polling station registers

8 Absent voting records and lists


Duty to maintain absent voting records and lists
Supply and inspection of absent voting records and lists

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

Part H Access and supply


1 Introduction

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

4 Supply and sale of the full, edited and marked register


Security of data in transit
Free supply on publication
Free supply on request
Juries Act 1974
Other bodies applying for the register
Sale of the full register
Sale of the edited register
Restrictions on use of the full register
The marked register
Recording sales of the register

5 Old copies of the register

6 Absent voting records and lists


Supply of the absent voting records and lists to candidates,
election agents, registered political parties and elected
representatives
Inspection of absent voting records and 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

2 Public awareness activities


Introduction
Statutory requirements
Planning a public awareness strategy
Evaluating public awareness work
Producing leaflets
Raising awareness among hard-to-reach groups
Further information

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

e Indicates issues relating specifically


to electoral registration in England

w Indicates issues relating specifically


to electoral registration in Wales

s Indicates issues relating specifically


to electoral registration in Scotland
Part A Context
Contents
1 Introduction

2 Legislation

3 Roles and responsibilities


The Electoral Registration Officer
The Deputy Electoral Registration Officer
Staff of the Electoral Registration Officer
External dependencies

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

5 Statutory bodies and government departments


The Electoral Commission
Ministry of Justice
Office of the Secretary of State for Wales
Scotland Office
Scottish Government

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.

1.2 This manual is issued in accordance with the Electoral Commissions


power under Section 10(3) of the Political Parties, Elections and Referendums
Act 2000 (PPERA) to provide advice to Electoral Registration Officers, and is
offered as such.

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.

1.4 The guidance covers:

legislative requirements a guide to what Electoral Registration


Officers must do, with reference to the relevant legislative provisions
practical advice what Electoral Registration Officers are advised to do
in order to ensure consistency and good practice
information contextual and background information where no action is
required

1.5 This manual only covers electoral registration in England, Scotland and
Wales. It does not cover electoral registration in Northern Ireland.

Part A, page 1, February 2008


2 Legislation
2.1 The main body of electoral legislation affecting electoral registration is
shown in Table 1 below.

Table 1: Relevant legislation

Full title Abbreviation Summary of provisions


relevant to registration
Representation of the RPA 1983 This Act contains
People Act 1983 provisions relevant to the
(as amended) franchise and its exercise,
and the appointment and
duties of the Electoral
Registration Officer.
Representation of the RPA 1985 This Act contains
People Act 1985 provisions relevant to the
franchise.
Government of Wales GWA This Act replaces the
Act 2006 1998 Act, which originally
established the National
Assembly for Wales and
makes provisions
regarding the franchise.
The Scotland Act 1998 Scotland Act 1998 This Act established the
Scottish Parliament and
makes provisions
regarding the franchise.
Representation of the RPA 2000 This Schedule sets out
People Act 2000 the requirements for
(Schedule 4) absent voting
applications.
Political Parties, PPERA This Act established the
Elections and Electoral Commission and
Referendums Act 2000 gives it powers to issue
advice to Electoral
Registration Officers and
to set performance
standards for electoral
services.
European Parliamentary European (Franchise) These regulations set out
Elections (Franchise of Regulations 2001 who is entitled to register
Relevant Citizens of the as an elector at a
Union) Regulations 2001 European Parliamentary
election, and the process
for registration.

Part A, page 2, February 2008


Table 1 (cont.): Relevant legislation

Full title Abbreviation Summary of provisions


relevant to registration
Representation of the RPR 2001 These regulations make
People (England and provisions in respect of a
Wales) Regulations number of areas, including
2001 (as amended by the electoral registration
the Representation of and absent voting
the People (England processes.
and Wales)
(Amendment)
Regulations 2002 and
2006, and the
Representation of the
People (England and
Wales) (Amendment)
(No. 2) Regulations
2006)
Representation of the RPR 2001 These regulations make
People (Scotland) provisions in respect of a
Regulations 2001 (as number of areas, including
amended by the the electoral registration
Representation of the and absent voting
People (Scotland) processes.
(Amendment)
Regulations 2002, 2006,
2007 and 2008)
European Parliamentary EPE Act 2002 This Act makes provision
Elections Act 2002 regarding the franchise for
European Parliamentary
elections.
Electoral Administration EAA This Act makes provisions
Act 2006 in respect of a number of
areas, including in relation
to the registration of
electors and the retention
of information by the
Electoral Registration
Officer.
Local Electoral LEARS This Act effectively
Administration and replicates the provisions of
Registration Services the EAA for Scottish local
(Scotland) Act 2006 government elections.

Part A, page 3, February 2008


Table 1 (cont.): Relevant legislation

Full title Abbreviation Summary of provisions


relevant to registration
National Assembly for NAW (RoP) Order This Order includes
Wales (Representation 2007 provisions relating to
of the People) Order absent voting at Welsh
2007 Assembly elections.
Representation of the RP (AV) (Scotland) These Regulations
People (Absent Voting Regulations disapply Part IV of the
at Local Government Representation of the
Elections) (Scotland) People (Scotland)
Regulations 2007 Regulations 2001 (as
amended) in respect of
Scottish local government
elections, and the relevant
provisions are reproduced
in these Regulations.
The Scottish Parliament Scottish Parliament This Order includes
(Elections etc.) Order Order provisions relating to
2007 (as amended by absent voting at Scottish
the Scottish Parliament Parliamentary elections.
(Elections etc.)
(Amendment) Order
2007 and 2008)

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.

2.3 All references to the relevant provisions of electoral legislation made


throughout the manual will be contained in footnotes, using the abbreviations
shown in Table 1 above.

Part A, page 4, February 2008


3 Roles and responsibilities
The Electoral Registration Officer 1
3.1 In order to be able to vote in elections in Great Britain, a persons name
must be included in the register of electors. Responsibility for compiling the
register of electors lies with the Electoral Registration Officer.

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.

3.2 Electoral Registration Officers have several statutory functions. Each


Electoral Registration Officer has a duty to maintain a register of
Parliamentary electors and a register of local government electors, 2 as well as
a register of those citizens of European Union member states who are entitled
to vote at European Parliamentary elections 3 and those peers living outside
the UK who have made a declaration to vote at European Parliamentary
elections. 4 These registers contain the details of all those who are registered
to vote and must be combined as far as is practicable. Any reference to the
register in this guidance manual should therefore be construed as a reference
to the combined registers unless otherwise stated.

3.3 The Commissions interpretation of the duty to maintain the registers


contained in Section 9 of the RPA 1983 is that the registers should be
complete and accurate. Essentially this means that only eligible people should
be on the register and that the information contained on the register in respect
of these people is accurate.

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.

Part A, page 5, February 2008


process. 6 These two strands of maintaining the register are of equal
importance. The duty set out in Section 9A of the RPA 1983 to take all steps
that are necessary in order to maintain the register is equally applicable to the
rolling registration process as to the annual canvass.

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.

3.7 Any expenses properly incurred by an Electoral Registration Officer in


the performance of their functions shall be paid by the local authority that
appointed them. 8 These functions include the duties of the Electoral
Registration Officer that are set out in legislation and detailed throughout this
guidance manual, and any further duties imposed by a direction of the
Secretary of State. 9

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.

Part A, page 6, February 2008


3.9 If an Electoral Registration Officer is found guilty of any act or omission
in breach of their official duty, they will be liable on summary conviction to a
fine not exceeding level 5 on the standard scale. 11

The Deputy Electoral Registration Officer


3.10 The council can approve a Deputy Electoral Registration Officer, known
as a Depute in Scotland, 12 who can carry out the duties and powers of the
Electoral Registration Officer. 13 Unlike Returning Officers, the Electoral
Registration Officer cannot appoint a deputy themselves, unless the power to
do so has been delegated to them by the council. The council may give a
deputy full or particular powers and this should be made clear in the
appointment. The appointment of a deputy may be useful in undertaking
procedures such as hearings of registration applications, objections and
reviews.

Staff of the Electoral Registration Officer


3.11 The council that appointed the Electoral Registration Officer is required
to provide officers to assist the Electoral Registration Officer in carrying out
their statutory functions. 14 In England and Wales, if the position of Electoral
Registration Officer is vacant or the Electoral Registration Officer is incapable
of acting, any of the duties and powers of the Electoral Registration Officer
may be carried out by the proper officer of the council. 15

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.

3.14 Other council departments may assist in the registration of electors.


Some local authorities, for example, send out welcome packs to new
residents and application forms for registration could be included in these.

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.

Part A, page 7, February 2008


A
Departments of the council that appointed the Electoral Registration
Officer and that work with new residents or new properties must allow
their databases to be accessed by the Electoral Registration Officer for
registration purposes. Further consideration of data sharing and data
protection is given in Part E, Improving completeness and accuracy.

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.

3.16 It is useful to have a pool of people who have experience of working in


electoral registration and who have been found to be effective. Re-employing
experienced temporary staff ensures a continuity of knowledge. Such staff
would also have experience and understanding of the software systems that
are central to the electoral registration process.

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

Part A, page 8, February 2008


and rigorous contract management procedures are followed, thereby
minimising risk.

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.

3.22 Additionally, it is recommended that contracts for electoral registration


work specifically require the following:

Disclosure of any subcontractors and their role.


Clear lines of communication between the printer, any subcontractors
and the Electoral Registration Officer.
Electoral Registration Officers to be provided with proofs of all items.
The proofs should be provided both electronically and in hard copy
format.
Electoral register data held by printers should be destroyed as soon as
practicable after the work to which it relates has been completed.

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.

3.24 In order to assist contractors and suppliers in delivering their work on


time, it is essential to keep to agreed timescales for providing the information
or data they need to do their job. If there is slippage for any reason, advise the
contractors of this as early as possible and agree a revised timetable.

3.25 All stages of the procurement and production processes should be


documented. In particular, keep a formal record of the production process in
order to be able to demonstrate that it was undertaken in accordance with the
law.

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:

British Printing Industry Federation


Farringdon Point
2935 Farringdon Road
London EC1M 3JF
Tel: 020 7915 8319

Part A, page 9, February 2008


Scottish Print Employers Federation
48 Palmerston Place
Edinburgh EH12 5DE
Tel: 0131 220 4353

Electoral software systems


3.27 The management of the registration of electors is in most cases reliant
on specialised electoral software systems. They can either be one of several
systems produced specifically for the task by software suppliers or a bespoke
system produced by the Electoral Registration Officer.

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.

Part A, page 10, February 2008


4 Budgets
4.1 The budget for registration should be settled between the Electoral
Registration Officer and the council which appointed them, and should be
sufficient to allow the Electoral Registration Officer to fulfil their duty to
maintain the register.

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

4.3 Each local authority is required to provide its Electoral Registration


Officer with adequate funds to carry out house-to-house, postal or other
enquiries as are necessary in order to produce a complete and accurate
register of electors.

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.

4.5 The Commission does not make any specific recommendations in


regard to budgeting, as budget allocations will clearly depend on the
resources made available to each individual Electoral Registration Officer.
The Commission does, however, recognise the major impact funding has on
electoral registration activity, and will be collecting information on expenditure
relating to the electoral registration function at the end of each financial year.

4.6 The following paragraphs highlight areas that should be considered in


building up a budget for electoral registration.

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.

Part A, page 11, August 2009


4.8 By the end of December, budget proposals will generally have been
discussed and approved by the councils management team, with council
members then giving consideration to the budgets at the end of January and
into February.

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.

4.11 Employer liabilities, such as National Insurance and pension


contributions, must also be considered.

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.

Part A, page 12, August 2009


Temporary office staff
4.15 Temporary office staff may be used to process registration forms during
busy periods and would usually be based in the offices used by the Electoral
Registration Officer. If a need or possible need for such staff is identified,
adequate provision will need to be contained in the budget.

Printing and stationery


4.16 As it is sometimes difficult to differentiate between stationery and
printing, these two items can be shown under one heading. The major items
that will need to be included are:

Canvass forms. These will generally need to be personalised with


existing data, although they may still be addressed to The Occupier.
Additionally, these forms may need to be produced with bar codes for
compatibility with electoral software systems, and this may also impact
on the cost.
Other items of electoral registration stationery, such as absent vote
application forms that are purchased from outside printers.
Envelopes, if used for delivery and/or return.
Leaflets and reminders.
Cost of producing registers.
Paper, pens and other office stationery items.

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

4.18 It is recommended that each Electoral Registration Officer has a


dedicated publicity budget. Additionally, the Ministry of Justice administers a
participation fund to assist Electoral Registration Officers in the fulfilment of
their participation duty. Further information on this fund can be found in
Additional sources of funding below and in Part I, Accessibility and
participation.

Education and training


4.19 Staff who are well trained in electoral registration, project planning and
other similar areas are more likely to deliver complete and accurate electoral
registers.

4.20 Staff could be encouraged to increase their knowledge by studying for


appropriate qualifications, such as National Vocational Qualifications, Scottish
Vocational Qualifications, and the Association of Electoral Administrators
Foundation Course, Certificate and Diploma.

18
Section 69(2), EAA.

Part A, page 13, February 2008


4.21 Provision should be made for staff to attend training and briefing events
organised by the Commission and other organisations such as the
Association of Electoral Administrators and local authorities. Consideration
should also be given to providing training for staff around customer care,
project management, equal opportunities and computer literacy.

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.

Books, statutes and reports


4.24 Provision should be made for the purchase of specific publications on
electoral registration matters, together with copies of government statutes and
any other relevant technical papers. Offices should be equipped with
reference books such as Schofields Election Law and/or Parkers Law and
Conduct of Elections. 19

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.

Part A, page 14, February 2008


Additional sources of funding
Participation fund
4.25 The Ministry of Justice has a fund to assist Electoral Registration
Officers and (Acting) Returning Officers in fulfilling their duty to encourage
participation. The Electoral Registration Officer should be aware of the current
arrangements for this fund and should ensure that they claim their allowance
in order to assist them in the performance of this duty. Further information on
funding participation activities can be found in Part I, Accessibility and
participation.

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.

Joint working and sharing costs


4.26 In many instances, working with other nearby authorities can help to
create a greater impact without incurring additional expense. Pooling
participation budgets, for example, may help in enabling wider campaigns to
be carried out.

4.27 Other parts of the registration budget, such as money allocated to


printing, could also be pooled with neighbouring authorities to achieve the cost
savings often associated with bulk orders.

Income from register sales


4.28 Certain credit reference agencies and government agencies may
purchase a copy of the full electoral register.

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.

Part A, page 15, February 2008


5 Statutory bodies and government departments
The Electoral Commission
Background
5.1 The Electoral Commission is an independent body, established by the
UK Parliament in November 2000. The Commission reports directly to the UK
Parliament through a committee chaired by the Speaker of the House of
Commons, known as the Speakers Committee.

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:

setting and publishing performance standards for electoral services and


collecting information on the costs of electoral services from Electoral
Registration Officers, Returning Officers and referendum Counting
Officers 20
attending at certain electoral registration proceedings 21
promoting public awareness of electoral matters 22
providing advice and assistance to those involved in the electoral
registration process 23
being consulted by the UK Government on proposals to amend electoral
law 24

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.

Part A, page 16, February 2008


Devolved and regional offices
5.5 The first point of contact for any queries should be either the
Commissions devolved office in Scotland or Wales, or one of the
Commissions English regional offices, as appropriate.

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

English regional offices

Eastern and South East Office


John Pollard
Telephone: 020 7271 0660
Email: jpollard@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 of England Office


North East and Yorkshire and the Humber
Sarah Hopson
Telephone: 01904 567 994
Email: shopson@electoralcommission.org.uk

North West
Sandra Hardy
Telephone: 01904 567 993
Email: shardy@electoralcommission.org.uk

Part A, page 17, August 2009


South West Office
South West
Elizabeth Gorst
Telephone: 01392 314 616
Email: egorst@electoralcommission.org.uk

5.6 Electoral Administration staff in the Commissions head office are no


longer responsible for dealing with frontline enquiries, but they continue to
provide advice on dealing with malpractice, fraud and related integrity issues.

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.

Part A, page 18, August 2009


Office of the Secretary of State for Wales
5.10 The Office of the Secretary of State for Wales has responsibility for
legislation governing the conduct of elections to the National Assembly for
Wales. This includes responsibility for legislation relating to absent voting at
these elections.

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.

Part A, page 19, February 2008


6 Resources
Contact details for ordering Electoral Commission forms
and leaflets

A
Throughout this guidance we refer to forms and leaflets produced by
the Commission and available from our distributor:

Tel: 0845 8500 501


Fax: 020 8867 3225
Email: ecpublications@ecgroup.co.uk

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.

Part A, page 20, February 2008


Part B Entitlement to register
Contents
1 Introduction

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

5 Legal incapacity to vote


Detained persons not serving a sentence
People with learning difficulties or mental health conditions

6 Nationality
General provisions
Dual citizens
British citizens
Commonwealth citizens
European Union citizens

7 Members of the House of Lords


Identifying Members of the House of Lords
Registration

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.

1.2 A person is entitled to be registered as a UK Parliamentary elector in


Great Britain if: 1

they are resident in the constituency (subject to certain exceptions,


which are explained below)
they are not subject to any legal incapacity to vote (except for age)
they are a qualifying Commonwealth citizen or a citizen of the Republic
of Ireland
they will attain voting age before the end of the period of 12 months
beginning with the 1 December next following the relevant date

1.3 A person is entitled to be registered as a local government elector in


Great Britain if: 2

they are resident in the local government area (subject to certain


exceptions, which are explained below)
they are not subject to any legal incapacity to vote (except for age)
they are a qualifying Commonwealth citizen, a citizen of the Republic of
Ireland or a citizen of a member state of the European Union
they will attain voting age before the end of the period of 12 months
beginning with the 1 December next following the relevant date

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.

Part B, page 1, February 2008


2 Entitlement to vote
2.1 Electoral Registration Officers are required to maintain a register of
Parliamentary electors and a register of local government electors. 3
Additionally, they are required to maintain a register of those citizens of
European Union member states who are entitled to vote at European
Parliamentary elections in the UK 4 and of those peers living outside the UK
who have made a declaration to vote at European Parliamentary elections. 5

2.2 These registers must be combined as far as is practicable. 6 Given that


the franchise for each of these registers is slightly different, how this
combination will work in practice will need to be considered.

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.

F indicates that the elector is an overseas elector who is only entitled to


vote at UK and European Parliamentary elections.

G indicates that the elector is a citizen of a member state of the European


Union who is only entitled to vote at local government elections.

K indicates that the elector is a citizen of a member state of the European


Union who is entitled to vote at European Parliamentary and local
government elections.

L indicates that the elector is a peer who is entitled to vote at European


Parliamentary and local government 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.

Part B, page 2, February 2008


s
An additional marker (U) is provided for in Scotland to indicate citizens
of European Union member states who have specifically indicated
their wish to register for European Parliamentary elections but not for
local government elections. 9 The Electoral Commission recommends that
Electoral Registration Officers should encourage such electors to also register
as local government electors, although the U marker would need to be used
where the elector insists on being registered as a European Parliamentary
elector only.

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

2.6 Anyone who is registered as a Parliamentary elector is entitled to vote in


UK Parliamentary elections 11 and European Parliamentary elections. 12 The
franchise for European Parliamentary elections is, however, wider than that
for UK Parliamentary elections, with peers entitled to vote at European but not
UK Parliamentary elections, and citizens of member states of the European
Union (other than those who are also Commonwealth and Republic of Ireland
citizens) who have chosen to register in respect of European Parliamentary
elections can vote in the former while having no entitlement to vote in the
latter. 13

2.7 Anyone who is registered as a local government elector is entitled to


vote in local government elections, 14 Scottish Parliamentary elections if they
are registered in Scotland, 15 National Assembly for Wales elections if they are
registered in Wales 16 and Greater London Authority elections if they are
registered in Greater London. 17

2.8 The entitlement to vote in any referendum under PPERA will be set out
in the enabling legislation for the referendum.

2.9 Although it is possible for certain people to be registered at more than


one address, electors are not entitled to vote more than once at the same
election:

An elector may only vote once in any constituency at a UK Parliamentary


election and, in the case of a UK Parliamentary general election, may
only vote in one constituency. 18
9
Regulation 42(4), RPR (Scotland) 2001.
10
Sections 1 and 2, RPA 1983. The only exception to this would be where the Electoral
Registration Officer has omitted a name from the register as a result of a clerical error, in
which case that person can be added to the register up to 9pm on polling day and can then
be permitted to vote.
11
Section 1, RPA 1983.
12
Section 8(2), EPE Act 2002.
13
Section 8, EPE Act 2002.
14
Section 2, RPA 1983.
15
Section 11, Scotland Act 1998.
16
Section 12, GWA.
17
Section 36(2A), RPA 1983.
18
Section 1(2), RPA 1983.

Part B, page 3, February 2008


An elector may only vote once at a European Parliamentary election. 19
At Scottish Parliamentary, National Assembly for Wales and Greater
London Authority elections, an elector is only entitled to cast one set of
ballot papers as set out in the legislation. 20
At local government elections, an elector may not cast more than one
ballot paper in the same ward, or cast a ballot paper in more than one
ward of the same local authority. 21

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.

Part B, page 4, February 2008


3 Relevant date
3.1 Decisions on applications for registration are made based on whether or
not an applicant meets the requirements for registration and whether or not
they are disqualified from registration on the date the application is deemed to
be made. This date is known as the relevant date. The relevant date will vary
depending on the way in which the application is made.

3.2 Applications made by way of responding to the annual canvass are


made with reference to the relevant date of 15 October. 22 This is the case
regardless of when the form has been completed: householders may return
completed canvass forms before 15 October where they expect that those
people listed on the form will be resident at the address on that date.

3.3 If there is an election during the canvass period, however, 15 October is


not treated as being the date in respect of which the application was made.

3.4 On the publication of the notice of election for an election to be held


during the period from 1 July to 1 December, any application on a canvass
form that has already been returned to the Electoral Registration Officer by
then is treated as having been made on the date of the publication of the
notice of election.

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.

3.7 For rolling registration applications or declarations from special category


electors received at any point throughout the year, including during the annual
canvass period, the relevant date is the date on which the application or
declaration was made, i.e. the date stated in the application or declaration. 23

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.

Part B, page 5, August 2009


4 Qualifying address
4.1 For electoral registration purposes, the qualifying address is defined as
the address in respect of which a person is entitled to be registered. 24 The
register must include the qualifying addresses of those persons registered in
it, subject to certain exceptions, including overseas and anonymous electors,
which are discussed in Part F, Special category electors.

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.

4.4 When making a determination on the residence requirements, the


Electoral Registration Officer must consider the circumstances of the
applicant, including the purpose for which they are present at a particular
address and/or the reasons they are absent.

4.5 A person is resident at an address if that is their permanent home


address.

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.

4.6 If an elector is in temporary accommodation and has no other home


elsewhere they may, depending on the circumstances, be taken to be resident
at that address. 27 If, however, the person does have a permanent home

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.

Part B, page 6, August 2009


elsewhere, they may be treated as being not resident at the temporary
address.

Person working away from home


4.7 If an applicant is not present at their address on the relevant date, the
circumstances for this should be taken into consideration when determining
their application. For example, if the applicant is not present at the address on
the relevant date as a result of any office, service or employment, this will not
affect the residence qualification as long as: 28

they intend to resume actual residence within a period of six months


from when they gave up residence, and the reason for their absence will
not prevent them from doing so, or
the property is a permanent place of residence for the applicant alone or
the applicant and others and the only reason the applicant is not
currently at the property is as a result of the duty they are undertaking

4.8 Consequently, a person who is away from an address as a result of the


type of job they hold or because they are required to perform a duty away
from their address can still be deemed to be resident there for registration
purposes. As long as a person intends to return to an address as their primary
residence on a permanent basis within six months, or the property remains
the permanent residence of that person, whether alone or with others, that
person is entitled to be or to remain registered in respect of that address.

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.

Part B, page 7, February 2008


Guests
4.12 A guest who is staying at a property does not become resident at that
property if they have a permanent home elsewhere: in this case, the
residence of the guest remains in their own permanent home. A guest who
does not have a home elsewhere, however, may, depending on the
circumstances, be regarded as being resident for electoral purposes and
could be included on the electoral register in respect of that address. 30

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:

A person can have two residences.


Temporary presence at an address does not make a person resident
there.
Temporary absence does not deprive a person of their residence.

4.14 Using these three principles, if a person is resident at two properties,


depending on the purpose for which they are resident at each, it is possible
that they will be eligible to be registered to vote in respect of both. In each
case, a person would need to be able to show they are resident at the
address, residency being as defined in Section 5 of the RPA 1983 and as
outlined above.

4.15 In the Commissions view it is unlikely that owning a second property


which is visited only for recreational purposes would meet the residency
qualification. Owning and paying council tax on a property alone is not
sufficient to satisfy the residence qualification: although this may give an
indication of connection to an address, it is not evidence of residence. Each
decision must be made on a case-by-case basis.

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.

Part B, page 8, February 2008


was conducted. The registration appeal court made clear, however, that each
case needs to be considered on its own merits.

4.18 In the case of Dumble v. Electoral Registration Officer for Borders 33 it


was held that a person who had two properties in two different registration
areas which were necessary for that persons two separate careers in law and
in politics was entitled to be registered in respect of both addresses as both
were considered to be substantive residences.

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.

4.20 When considering registering electors in respect of a second address


the Electoral Registration Officer must consider the circumstances
surrounding the registration and the purpose for which the elector is present at
the address, and should consider each case on its own merits.

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.

4.23 Electoral Registration Officers should consider the presence of any


travelling people in their area and determine the best approach to take locally.

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.

Narrow boats and other movable residences


4.25 Any person living on a boat, houseboat or similar residence which has a
permanent mooring in Great Britain can be treated as being resident at that
33
Dumble v. Electoral Registration Officer for Borders 1980 SLT (Sh Ct) 60.
34
Section 6, RPA 1983.

Part B, page 9, February 2008


address. People living permanently in such residences should be registered
as ordinary electors. Also, such addresses must be canvassed during the
annual canvass period.

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.

Part B, page 10, February 2008


5 Legal incapacity to vote
5.1 If a person is subject to a legal incapacity to vote, their name cannot be
included on the register of electors. 36 People are subject to a legal incapacity
to vote if they are disqualified from voting by law. This includes a person in
one of the following categories:

Members of the House of Lords: Members of the House of Lords are


disqualified from voting at UK Parliamentary elections and so such
persons are not entitled to be registered in the Parliamentary register of
electors. They do, however, qualify to be registered in the local
government register of electors as they are not disqualified from voting in
local government elections simply by virtue of the fact that they are
Members of the House of Lords. Further consideration of this category
can be found in Section 7, Members of the House of Lords, below.
Detained convicted prisoners: 37 A person who has been found guilty
of an offence (excluding contempt of court) and is detained in prison
(except for detention in consequence of non-compliance with a non-
custodial sentence) is not legally capable of voting and is therefore not
eligible to be included in the register of electors. 38 This disqualification
applies whether the person is in prison or is unlawfully at large, and
regardless of whether or not the person was properly included in the
register prior to conviction.
Offenders detained in a mental hospital: A person who is detained
under an order or direction made under the provisions listed in Section
3A of the RPA 1983 or is unlawfully at large when they would otherwise
be so detained is not legally capable of voting and therefore cannot be
included in the register of electors.
Persons found guilty of certain corrupt or illegal practices: A person
found guilty of certain corrupt practices 39 is legally incapable of being
registered to vote for five years from the date of the conviction. 40 A
person found guilty of certain illegal practices 41 is legally incapable of
being registered to vote for three years from the date of the conviction. 42
A successful appeal against such a conviction would remove the legal
incapacity.

Detained persons not serving a sentence


5.2 As a general rule a person who is detained at any place in legal custody
cannot be treated as being resident in that place of custody for the purposes

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.

Part B, page 11, February 2008


of registration as an ordinary elector. 43 This is subject to several exceptions,
including for patients in mental hospitals who are not detained offenders or on
remand. 44 The registration of such persons is discussed further below.
Additionally, a person awaiting trial or sentence (on remand) may be resident
at the place of detention if the length of the period of detention is likely to be
sufficient for them to be regarded as being resident. 45 If not, and if they are
not entitled to be registered at any other place such as their home address,
such persons can register via a declaration of local connection. 46

a
Part F, Special category electors describes the process for
declarations of local connection.

People with learning difficulties or mental health conditions


5.3 A lack of mental capacity is not a legal incapacity to vote:47 persons who
meet the other registration qualifications are eligible for registration regardless
of their mental capacity or lack thereof. Electoral Registration Officers should
therefore ensure that persons with learning difficulties or mental health
conditions are included in the register of electors.

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.

Mental health conditions


5.5 A mental health condition is not in itself a legal incapacity to vote and so
is not, therefore, a bar to registration. The Electoral Registration Officer should
assist, if requested, those who are making an application or who wish to find
out more information 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.

Part B, page 12, February 2008


hospital for the purposes of their entitlement to register. 48 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.

Patients detained in mental hospitals


5.7 For a person who is detained as a patient in a mental hospital or an
establishment for the reception and treatment of persons in mental distress,
the question of where they are resident will depend on the circumstances and
on the length of time they are present at the hospital. They are, however,
entitled to register, unless they are a detained offender.

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.

Hostels and homes


5.9 Hostels and homes of a residential nature should be treated, for electoral
purposes, in the same way as any other qualifying addresses.

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.

Part B, page 13, February 2008


i
An Electoral Registration Officer must not:
sign an application for registration, any declaration or an application
for an absent vote on behalf of someone else
accept an absent voting application signed by someone on behalf of the
applicant

Part B, page 14, February 2008


6 Nationality
General provisions
6.1 The nationality of an individual determines in respect of which, if any,
elections in the UK a person is entitled to be registered to vote.

6.2 If an applicant is unsure regarding any aspect of their nationality, they


should be advised to contact the Home Office. Details are available at
www.homeoffice.gov.uk.

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.

European Parliamentary elections


6.4 Those who meet the nationality requirement to vote in UK Parliamentary
elections also meet the nationality qualification for European Parliamentary
elections. In addition, citizens of those member states of the EU who are not
also British, Republic of Ireland or Commonwealth citizens are entitled to
register and to vote at European Parliamentary elections as long as the other
registration criteria are met and they make the necessary application and
declaration to the Electoral Registration Officer, as described below. 52

Local government elections


6.5 All British, European Union and qualifying Commonwealth citizens meet
the nationality requirement to vote in local government elections, and so are
entitled to be included in the local government register of electors assuming
that all of the other registration criteria are also met. The local government
election franchise is also used for elections to the Scottish Parliament, the
National Assembly for Wales and the Greater London Authority.

Role and powers of the Electoral Registration Officer


6.6 If the Electoral Registration Officer is not satisfied as to any applicant or
electors nationality, they have the power to require the applicant or elector to
provide specified documentary evidence confirming their nationality. 53 They
also have the power to require any other person to provide information about
any aspect in relation to a persons eligibility to be an elector.54

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.

Part B, page 15, February 2008


a
The ability to ask for evidence or information is considered further in
Part E, Improving completeness and accuracy.

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.

6.8 Where a registration form is returned from a resident purporting to be


ineligible to register (for example from an American citizen), their application
must be rejected and a notice of rejection must be sent to the applicant. This
notice should make it clear that the application failed the nationality
qualification and should explain what steps should be taken should they also
hold an eligible nationality. If an applicant does also hold a nationality that
would entitle them to register, they can be registered in respect of that
nationality, and the fact that one of their nationalities would not entitle them to
register is irrelevant.

British citizens
6.9 British citizens fulfil the nationality criteria for registration in respect of all
elections in the UK.

6.10 Marriage to a British citizen does not automatically confer British


citizenship on a foreign national. 55

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.

Part B, page 16, February 2008


6.13 Electoral Registration Officers may wish to liaise with those with
responsibility for the ceremonies in order to get rolling registration forms
included in the welcome pack produced for the new citizens, and may also
seek to find out the addresses of the new British citizens in order to ensure
that these registration forms are completed and returned. Additionally,
Electoral Registration Officers may wish to enquire to see if reference to the
importance of registering to vote and participating in the democratic process
could be made in the speech delivered at the ceremony.

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

Meaning of qualifying Commonwealth citizen


6.15 A person who is a Commonwealth citizen is a qualifying Commonwealth
citizen for registration purposes if they do not require leave to enter or remain
in the UK or they do require leave to enter or remain in the UK but have been
granted such leave or are treated as having been granted such leave.58

6.16 Any type of leave to enter or remain is acceptable, whether indefinite,


time limited or conditional.

6.17 Qualifying citizens of the following countries meet the nationality criteria
to register in respect of all elections.

List of Commonwealth countries

Antigua and Barbuda Jamaica St Vincent and the


Australia Kenya Grenadines
The Bahamas Kiribati Samoa
Bangladesh Lesotho Seychelles
Barbados Malawi Sierra Leone
Belize Malaysia Singapore
Botswana Maldives Solomon Islands
Brunei Darussalam Malta* South Africa
Cameroon Mauritius Sri Lanka
Canada Mozambique Swaziland
Cyprus* Namibia Tonga
Dominica Nauru Trinidad and Tobago
Fiji Islands New Zealand Tuvalu
The Gambia Nigeria Uganda
Ghana Pakistan United Kingdom

57
Section 4(1)(c) and (3)(c), RPA 1983.
58
Section 4(6), RPA 1983.

Part B, page 17, March 2010


Grenada Papua New Guinea United Republic of Tanzania
Guyana Rwanda Vanuatu
India St Kitts and Nevis Zambia
St Lucia Zimbabwe

*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.

Persons claiming asylum


6.18 The fact that an applicant or elector has claimed asylum has no
connection to their right to be registered as an elector and therefore the
Electoral Registration Officer has no right to ask for any evidence or
information about asylum. The Electoral Registration Officer can only make
enquiries as to nationality and whether a person has any type of leave to enter
or remain in the UK.

British Overseas Territories


List of British Overseas Territories

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

6.19 British Nationals (Overseas) citizens, British Overseas citizens and


British Dependent Territories citizens are all Commonwealth citizens and are
entitled to register as electors in respect of all elections, provided that they
also fulfil the age and residence requirements for such registration and are not
subject to any other legal incapacity.59 Such citizens are not, however, eligible
to register as overseas electors.

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.

Part B, page 18, March 2010


British Crown Dependencies
6.21 The British Crown Dependencies consist of the Isle of Man and the
Channel Islands including Jersey, Guernsey, Sark, Alderney, Herm and the
other inhabited Channel Islands.

6.22 Citizens of the British Crown Dependencies are considered to be


Commonwealth citizens for the purposes of electoral registration but they may
only register to vote in UK elections when they are resident in the UK. As with
citizens of British Overseas Territories, citizens of British Crown
Dependencies are not entitled to register as overseas electors.

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.

European Union citizens


Member states of the European Union
Austria Germany Portugal
Belgium Greece Republic of Ireland*
Bulgaria Hungary Romania
Croatia Italy Slovakia
Cyprus* Latvia Slovenia
Czech Republic Lithuania Spain
Denmark Luxembourg Sweden
Estonia Malta* United Kingdom
Finland The Netherlands
France Poland

*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.

Part B, page 19, July 2013


Cyprus, Malta and the Republic of Ireland
6.27 Citizens of the Republic of Ireland and Commonwealth citizens, including
those from Malta and Cyprus, have the same voting rights as British citizens.
Membership of the EU has no effect on the electoral registration status of
these citizens and they are able to register to vote in respect of all UK
elections, assuming all of the other relevant registration criteria are met.
Citizens of the Republic of Ireland, Cyprus and Malta must not have the G or
K marker placed next to their names.

6.28 For registration purposes, the whole of Cyprus is considered to be a


Commonwealth country and the Electoral Registration Officer should not be
concerned with the political situation regarding the division of the island. If
there is any doubt as to whether a person from Cyprus should be registered,
they should be asked for confirmation of the type of passport that they hold.
Provided that the person has a passport from either the Republic of Cyprus or
the Republic of Northern Cyprus, they are entitled to be included in the
register of electors as Commonwealth citizens. Anyone claiming to be from
Cyprus but with a Turkish passport, however, is not entitled to register.

Local government electors


6.29 Electoral Registration Officers have a duty to register all eligible citizens
of EU member states resident in Great Britain as local government electors.
The canvass form and rolling registration forms must contain a column for the
nationality of all applicants to be provided, which will enable the identification
of citizens of EU member states.

6.30 If an Electoral Registration Officer has any doubts about an applicant or


an electors nationality, they may require that person to produce evidence to
show that they are a citizen of an EU member state. 63 If any fee is payable in
connection with the production of such evidence required by the Electoral
Registration Officer, that fee shall be paid by the Electoral Registration Officer
and treated as part of their registration expenses paid by the local authority. 64

6.31 Citizens of EU member states registered only as local government


electors have their names included in the register prefixed with the letter G.

European Parliamentary electors


6.32 Registration as a European Parliamentary elector is entirely voluntary for
citizens of EU member states (excluding the UK, the Republic of Ireland,
Cyprus and Malta). Electoral Registration Officers have no statutory duty to
seek out such citizens for this purpose. EU citizens may, however, apply
individually for registration as European Parliamentary electors each year.

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.

Part B, page 20, February 2008


Citizens of EU member states wishing to register as European Parliamentary
electors must complete a separate application accompanied by a declaration,
which must state that they will vote only in the UK at any European
Parliamentary election during the 12-month period of the declaration. 65 EU
citizens may only vote once and only in one member state at a European
Parliamentary election, and to do otherwise would be committing an offence. 66

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.

6.37 A persons application to register to vote as an elector at a European


Parliamentary election in the UK remains effective for a period of 12 months
from the date on which the entry in the register takes effect, or until: 68

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.

Part B, page 21, February 2008


Information to the Secretary of State
6.38 EU Directive 93/109 is designed to assist with preventing plural voting in
European Parliamentary elections. Electoral Registration Officers are required
to send information on citizens of EU member states registered in their areas
to other EU countries, and in turn should receive information from other EU
countries.

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.

6.40 The numbers of citizens of EU member states registering as European


Parliamentary electors and as local government electors must be included in
the annual statistical return made on form RPF29.

Part B, page 22, February 2008


7 Members of the House of Lords
7.1 Peers who are Members of the House of Lords are disqualified from
voting at UK Parliamentary elections. Nevertheless, they may vote at
European Parliamentary and local government elections, and at both national
and local referendums.

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.

Identifying Members of the House of Lords


7.3 The Electoral Registration Officer may find it difficult to identify those
who are peers and who are Members of the House of Lords. This information,
including a full list of Members of the House of Lords, can be found on the
House of Lords website at www.parliament.uk/about_lords/about_lords.cfm.
Alternatively, the Information Office at the House of Lords will be able to assist
with enquiries, and can be contacted by telephoning 020 7219 3107.

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.

Part B, page 23, February 2008


8 Age
Attainers
8.1 An elector who is not yet 18 years of age must be shown on the register
with the date on which they will attain the age of 18. Those electors appearing
on the register in such a case are called attainers as they are about to attain
voting age.

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.

8.5 For example, if an application for registration is made in the summer by


a person who is not yet 18, the applicant meets the age qualification if they
will be 18 within a 12-month period starting from 1 December of that year. A
person applying in December meets the qualification if they will be 18 within
12 months of the 1 December of the next year almost two years away.

Jury service and the over 70s


8.6 In England and Wales, all electors over the age of 70 years must
indicate this fact on the annual canvass form or rolling registration form by
which they apply to be registered. The Electoral Registration Officer must
supply a full copy of the register of electors, including an indication of those
electors who are over 70 and therefore not eligible for jury service, to an
officer designated to summon juries. 69 The relevant contact details for this are
contained in Part H, Access and supply.

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.

Part B, page 24, February 2008


Providing jury lists to others
8.7 No organisation or body which does not summon juries may be given the
register which includes a mark to show those electors who are over 70 years
of age. Parties, candidates and other recipients of electoral registers must not
be supplied with the jury list.

Part B, page 25, February 2008


Part C The annual canvass
Contents
1 Duties of the Electoral Registration Officer
Steps to be taken by the Electoral Registration Officer
Planning the annual canvass
The canvass form
Including additional non-electoral material on or with electoral
registration forms
Absent voting

2 Undertaking the canvass


Delivery of canvass forms
Making house-to-house enquiries

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

4 Rolling registration forms received during the canvass


period

5 Elections during the canvass


Adding and deleting names from canvass forms when there is
an election during the canvass period

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.

Part C, page 1, September 2009


1.6 If the Electoral Registration Officer fails to take steps where necessary,
they will be in breach of their official duty, which on summary conviction can
result in a fine not exceeding level 5 on the standard scale. 1

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?

While recognising the Electoral Registration Officers discretion to determine


what steps are necessary, the Commission would recommend in such an
instance that the minimum contact the Electoral Registration Officer should
make would be to send two canvass forms and have the property visited by a
door-to-door canvasser on at least one occasion, or such of these actions as
are required until a satisfactory response has been achieved. The Electoral
Registration Officer should have documentary records of this contact, such as
postal dockets evidencing what has been sent and records from the
canvasser showing the date(s) and time(s) when the property was visited.

In addition, in circumstances where no response has been obtained, the


Electoral Registration Officer should consider taking the step of inspecting
other records using their powers to do so. Further consideration of this step is
given below and also in Part E, Improving completeness and accuracy.

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.

Duty to encourage electoral participation


1.8 In addition to the duties outlined above, Section 69 of the Electoral
Administration Act 2006 (EAA) gives Electoral Registration Officers a duty to
take such steps as they think appropriate to encourage the participation of
electors in their area in the electoral process. In doing this, Electoral
Registration Officers are required to have regard to any guidance issued by
the Electoral Commission. 2

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.

Part C, page 2, September 2009


Planning the annual canvass
1.9 The Electoral Registration Officer should adopt a project management
approach to the annual canvass and indeed to their ongoing registration
activities.

1.10 A canvass plan should be prepared and an assessment of risks


undertaken. This documentation should set out how the Electoral Registration
Officer intends to fulfil their duty and should also highlight any possible issues
and what actions will be taken to address these.

1.11 The plan should provide an overview of how the canvass is to be


managed. The plan should cover areas such as establishing roles,
responsibilities and lines of reporting, risk assessment and management, and
mechanisms for monitoring and ensuring quality. These topics are indicative
only and there may be other management issues that Electoral Registration
Officers will want to include in their plan.

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.

1.13 The canvass plan should provide an explanation of the processes to be


followed and resources required to manage the canvass effectively. The
Electoral Registration Officer should ensure that their plan sets out a workflow
which reduces the number of forms that have been received but not yet
processed at peak periods, such as when initial mailings of canvass forms
result in large scale returns.

1.14 Electoral Registration Officers must ensure that every canvass is


organised in such a way that they can keep on top of the processing of
returned forms, preventing the build up of a backlog. If such arrangements are
not in place, the Electoral Registration Officer will find themselves unable to
respond quickly in the event of an election being held during the canvass
period, and could face considerable difficulties in processing all relevant
canvass forms received back by the registration deadline for the election.

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.

1.16 Electoral Registration Officers should liaise closely with Returning


Officers to ensure that, in the development of their election plans,
consideration is given to how elections during the canvass may impact on the
processes for managing the election. This enables procedures to be agreed
and put in place to ensure that both the registration and election management
functions can be delivered effectively.

Part C, page 3, September 2009


I
Planning for elections during the canvass
In developing their canvass plan, the Electoral Registration Officer
must consider the potential for an election to take place during the
canvass period.

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: 3

UK or European Parliamentary elections


Scottish Parliamentary or National Assembly for Wales elections
Local government unitary, county, county borough, district,
metropolitan borough, London borough and directly elected mayoral
elections
Local government parish and community council elections in England
and Wales

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.

In the event of an election during the canvass, the Electoral Registration


Officer is required to process and action all new applications and amendments
to existing elector details made on canvass forms that have been received by
the registration deadline for that election (that is, 11 working days before the
date of the poll). 4

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.

Part C, page 4, September 2009


The forms with new applications and amendments to existing elector details
should be prioritised and processed first. Once these have been completed,
canvass forms containing only deletions should be processed. The Electoral
Registration Officer must ensure, however, that although these forms are
processed, any deletions falling to be made as a result of names crossed off
the canvass form are not removed from the register in the event of the
publication of a notice of alteration triggered by an election during the canvass
period. These deletions can only be made on the publication of the revised
register. Further information on what additions and deletions can be made in
the event of an election during the canvass can be found in Section 5,
Elections during the canvass.

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.

1.17 Adopting a project management approach to the annual canvass and


year-round registration activities, will provide a framework for ensuring that the
necessary steps are taken and should provide evidence of compliance with
the statutory duties.

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.

Part C, page 5, September 2009


The Commission also produces a range of resources to assist Electoral
Registration Officers with planning for and carrying out the annual canvass.
These can be found at:
www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/

The canvass form


1.21 The canvass form is a prescribed form. 5 The Electoral Registration
Officer may, however, conduct the canvass using a form to the same effect. 6

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).

1.23 The Commission has developed translations of its rolling registration


forms. Electoral Registration Officers could provide copies of these to
canvassers making house-to-house enquiries. Alternatively, canvassers could
be asked to report to the Electoral Registration Officer the addresses of
households with residents whose first language is not English or Welsh in
order to enable a translated form to be sent to them.

Pre-printing information on the canvass form


Names and addresses
1.24 We are aware that most Electoral Registration Officers pre-print name
and address information on the canvass form, which may assist with eliciting a
greater level of response in the early stages of a canvass.

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.

Part C, page 6, September 2009


Nationality
1.26 Again, 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.

1.27 The retention of nationality information will enable pre-printing of the


nationality on the following years canvass forms and would also be of use
should the nationality qualification change in the future. It is essential to
remember, however, that nationality information, beyond the use of G and K
markers, must not be shown on the register.

1.28 When pre-printing nationality information on the canvass form, Electoral


Registration Officers should ensure that the terms used reflect that persons
nationality. The use of terms such as Commonwealth or British, Irish or
Commonwealth, for example, although setting out the franchise of the
individual, does not in fact show their nationality, and should therefore not be
used.

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.

Pre-printing a tick in the opt-out box


1.30 It is the Commissions view that to pre-print annual canvass forms with
the electors previous choice regarding opting out of their details appearing on
the edited register by including a tick in the opt-out box would be a significant
departure from the prescribed form and would change the effect of the form. It
is the fact that this part of the form requires the elector to make a decision that
makes this different in substance to the principle of pre-printing names,
addresses and nationality as set out above.

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.

Including additional non-electoral material on or with


electoral registration forms
1.32 When sending out electoral registration forms, Electoral Registration
Officers can occasionally be asked to include additional material which has no
connection with electoral matters. Although the decision as to whether to
include such material rests with the Electoral Registration Officer, it is the view
of the Commission that no additional material should be included with
registration forms unless that material is directly connected with electoral
issues, such as an explanatory leaflet from the Electoral Registration Officer
or the Commission.

Part C, page 7, September 2009


1.33 The return of a canvass form is a legal requirement and it should not be
combined with non-electoral material which does not carry that requirement.
The inclusion of any additional material with an electoral registration canvass
form may risk contravening the legislation which prevents the Electoral
Registration Officer and their staff from making use of any information
contained in the full register other than in accordance with the regulations. 7

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.

Part C, page 8, September 2009


2 Undertaking the canvass
Delivery of canvass forms
2.1 At the time of the annual canvass, Electoral Registration Officers will
generally make initial contact with households in their registration area by
sending by mail or delivering by hand a household registration form. Although
Section 9A of the RPA 1983 does not require the sending of a registration
form to be the first step, in practice this will usually be the case.

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.

Personal delivery and collection


2.8 Some Electoral Registration Officers may choose to use canvass staff to
both deliver and collect registration forms. In this case, canvassers would call
at each property to either collect the details of eligible electors on the doorstep
or leave the form for later collection. Usually such canvassers would also be

Part C, page 9, September 2009


responsible for preparing documentation for the Electoral Registration Officer
to update the records after completion of the canvass.

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.

Elections during the canvass


2.11 Given the potential for an election to occur during the canvass period,
the Electoral Registration Officer will need to consider the impact such an
election would have on the personal delivery and collection of canvass forms.
The canvass plan should set out what approach they would take in that
situation, and should address such things as:

what canvassers will have to do differently


how canvass staff will be informed that there is an election and given
their revised instructions
what the Electoral Registration Officer will do to try to maximise the
return of forms to reduce potential disenfranchisement
how the canvass will resume after the election
how the decision on when to publish the revised register will be taken
and what factors will be considered, bearing in mind publication can be
delayed up to 1 February in the following year 9

2.12 The Electoral Registration Officer will have provided instructions to


canvassers on how often forms should be returned to the registration office,
and will need to make clear how this will change if an election occurs. As a
minimum, canvassers should be instructed to return to the registration office
as soon as possible any forms that they have collected by the registration
deadline for an election during the canvass. Forms that are collected by
canvassers by the registration deadline, even if they are not brought to the
office of the Electoral Registration Officer until after the registration deadline,
are deemed to have met the registration deadline. 10

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.

Part C, page 10, September 2009


to-house enquiries by not later than the end of the eleventh day before the
poll. This will ensure that only forms received before the registration deadline
will be processed. If the election only affects part of the registration area,
canvassing only needs to stop in the affected area(s) and not across the
whole of the registration area.

2.14 If there is an election in part of the Electoral Registration Officers area


during the canvass period, the collection and return of canvass forms to the
Electoral Registration Officer from that area should be prioritised. It may be
appropriate to re-allocate staff resources which could help to ensure that as
many forms as possible are collected and returned to the Electoral
Registration Officer in time for the election.

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.

Sending more than once


2.16 The steps in Section 9A of the RPA 1983 make reference to sending the
canvass form more than once to any address. The Commission does not,
however, believe that this is necessary in every case. For example, there
would be no need to do this when a form has been properly completed and
received back, and the Electoral Registration Officer has no reason to believe
that the circumstances have changed since the receipt of this original canvass
form.

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.

Part C, page 11, September 2009


2.19 Reminders should be delivered at such a time as to avoid a high number
of duplicate returns yet still be close enough to the original despatch to keep
the registration process in householders minds and prompt a response.
Additionally, reminders should be sent early enough that canvassers will not
be visiting households who have only just received a reminder and been
prompted to send in their forms; although again the gap between reminder
and visit should not be so long that householders will have forgotten that a
form has been sent to them.

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.

Making house-to-house enquiries


2.21 The steps set out in Section 9A of the RPA 1983 include making such
house-to-house enquiries as are necessary for the purpose of complying with
the Electoral Registration Officers duty to maintain the register. Section 10(5)
of the RPA 1983 allows the Electoral Registration Officer to make house-to-
house enquiries in connection with the canvass.

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.

2.23 An Electoral Registration Officer may consider it appropriate to defer


making house-to-house enquiries until all other steps have been carried out.
If, however, no response has been received at this stage and the Electoral
Registration Officer considers that insufficient information has been received
to enable them to fulfil their duty under Section 9 of the RPA 1983, the
Electoral Registration Officer should then make house-to-house enquiries.

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.

Working with canvassers


2.25 The duty to make house-to-house enquiries where necessary in order to
ensure that all eligible residents are registered and that those who are no
longer eligible for inclusion on the register are removed from it means that
canvassers are a crucial part of the electoral registration team.

Part C, page 12, September 2009


2.26 Many electors, especially those with disabilities or literacy difficulties,
may only be able to register to vote as a result of the assistance that can be
made available to them in the course of a visit from a personal canvasser. In
addition to fulfilling their duties under electoral legislation, the personal
canvass of all non-responding properties therefore helps the Electoral
Registration Officer to meet their responsibilities under the Disability
Discrimination Act 1995 (as amended) by providing service provision to those
who cannot complete and return a form by post.

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.

Assessment of the canvass rounds


2.30 Electoral Registration Officers will need to consider how canvass areas,
or rounds, can be set at the optimum size when drawing up their canvass
plan, as this may affect the overall response rate to the canvass.

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.

2.32 Where large numbers of canvassers are employed, however, the


allocation of smaller areas necessitates the need to use more resource in their
recruitment, training and supervision.

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

Part C, page 13, September 2009


should be sought from the appointing authoritys human resources department
in terms of how long any recruitment process may take.

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.

2.35 Also, it should be remembered that the appointing local authority is


under a legal obligation to provide the Electoral Registration Officer with the
necessary staff to enable them to fulfil their statutory functions. 12

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.

2.37 If new canvassers are needed, potential sources of recruitment include:

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.

2.38 Electoral Registration Officers should liaise with their HR department


early in the process in order to ensure that any recruitment exercise complies
with the relevant recruitment and selection and diversity policies, and to
confirm the relevant employment policies. It may be necessary to require
potential employees to complete a formal application form. The Electoral
Registration Officer should draw up a job description and person specification
for canvassers, which will assist with the preparation of a contract of

12
Section 52(4), RPA 1983.

Part C, page 14, September 2009


employment for the canvasser. The Commissions view is that all temporary
canvassers should have contracts of employment.

a
The Commission has developed a template canvasser job description,
which can be downloaded from the Commissions website.

2.39 In addition to the usual personal details, it is important to ascertain the


following about potential canvassers:

their availability to work, and in particular the availability to work


evenings and/or weekends
the availability of, or access to, transport (and, in the case of car drivers,
that they have adequate car insurance to cover them for business use)
their ability to work outside, in all weathers
details of any convictions (whether spent or not)
their interpersonal skills

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.

2.41 It may be useful to ask potential canvassers to express a preference as


to where in the registration area they would like to work. In particular, it may
be advantageous to allocate canvassers to areas near their home or work
address as that may mean that they will be able to make more frequent visits
to the canvass area and at more varied times than if they have to travel a
considerable distance to get there. This is particularly the case when the
canvass is nearing completion and the number of outstanding households is
smaller; it may be easier to encourage local canvassers to continue with
house-to-house enquiries than others for whom the travel time and expense
may otherwise have made it uneconomic for them to continue.

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.

2.43 Electoral Registration Officers may find that it is easier to recruit


canvassers for some areas than for others. Electoral Registration Officers
should be aware of any problematic areas from previous experience and may
wish to undertake some targeted recruitment with local residents for those
particular areas. In addition, Electoral Registration Officers may find it helpful
to talk to local housing officers or the officers of local housing management
boards or other local housing providers in order to establish whether there are
any local housing office or other staff in the particular area who could usefully
be invited to apply to canvass for the Electoral Registration Officer. Also,

Part C, page 15, September 2009


these and similar contacts could be used where possible to help arrange for
recruitment advertising to be put in communal areas.

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.

2.46 The Commission recommends that Electoral Registration Officers


provide training for all canvassers each year. In some instances, experienced
canvassers could attend a brief refresher session, with new staff attending a
more detailed session. Alternatively, it may be helpful to mingle the more
experienced with the less experienced and to use the mentoring method of
ongoing training. Whatever approach is selected, the length and timing of
training sessions will need careful consideration. Payment may need to be
made to ensure that all canvassers attend. Also, it may be necessary to
schedule evening and weekend sessions in order to make it possible for all
canvassers to attend.

2.47 Prior to attending a briefing session, all canvassers should be issued


with written instructions to enable them to fully appreciate the importance of
their appointment and to give them some understanding of their canvassing
duties. These instructions could contain:

an outline of basic duties


a timetable for the canvass
rules and regulations on eligibility to be registered
notes on the correct way to complete the canvass form and to collect the
required information
an overview of the doorstep procedure, including how to approach the
householder in a friendly and professional manner and how to obtain the
relevant information
notes on special category electors
guidance on dealing with difficult householders
advice on the completion of paperwork
guidance on appropriate dress and presentation, both in respect of
reflecting their role as an employee of the Electoral Registration Officer
and of dressing appropriately for all weather conditions
examples of canvass forms and any other relevant paperwork
lone working policy and procedures
health and safety awareness and guidance
diversity guidance
any other relevant local information

Part C, page 16, September 2009


2.48 This information pack should then be followed up by briefing sessions
which should cover and expand on the written instructions. The opportunity for
canvassers to ask any questions they may have should be provided as part of
any briefing session.

2.49 Materials for training sessions will need to be carefully prepared. Use of
examples, role plays and other participative exercises should be considered.

2.50 It is important to bear in mind the needs of ethnic minority communities


both in the preparation of instructions and in the provision of training sessions.
If canvassers are to be provided with translated materials, it would be helpful
to make sure they are familiar with the contents and understand how such
materials should be used. Additionally, where canvassers have access to a
telephone translation service, it would be advisable to organise a
demonstration of the service before canvassers have to use it in a live
situation.

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.

2.52 Canvassers should be instructed to ask at every household at which


they are making house-to-house enquiries whether there are any 16- or 17-
year-olds resident at the address. It may be useful to require canvassers to
record the answer on the form they complete with the householder even
where there are no 16- or 17-year-olds in order to demonstrate to the
Electoral Registration Officer that the question has been asked.

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.

2.54 At the conclusion of the training session, canvassers should be


encouraged to complete an evaluation form showing how effective they felt
the training was and indicating where improvements could be made in future
years. Alternatively, or indeed additionally, canvassers could be asked to
complete an evaluation of the training on conclusion of the canvass, by which
time they will be in a better position to evaluate the trainings relevance and
applicability.

Supervision and motivation of canvassers


2.55 Where a large number of canvassers are employed, it may be helpful for
supervisors to be appointed to offer advice and guidance not only within office
hours but also outside normal working hours. Supervisors should monitor their
canvassers performance in order to ensure that the work is being undertaken

Part C, page 17, September 2009


properly and on time. Regardless of whether or not supervisors are used,
canvassers should be closely monitored.

2.56 As part of the supervision and monitoring of the work of canvassers,


there are a number of activities that it may be worthwhile to consider. One
such action that could be undertaken would be to compare response rates for
each canvassers round against the previous years returns at the same point
in the canvass. Where this is significantly lower, the canvasser should be
contacted in order to establish if there are any unforeseen problems with the
canvass area or if the canvasser is not able to carry out the required level of
work.

2.57 It may also be helpful to compare response rates of similar rounds to


each other, particularly where canvassers are used to deliver canvass forms,
as a large difference in response may indicate that canvass forms have not
yet been delivered in a particular area.

2.58 Canvassers should be provided with sufficient time to carry out an


effective personal canvass and encouraged to utilise their time effectively.
One possible method to assist canvassers with timetabling their activities
could be to include dates during the household enquiry stage by which
completed canvass forms must be returned by canvassers to the electoral
registration office.

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.

2.60 It may be beneficial for canvassers, particularly those who are


inexperienced, to bring in their first few days work to the electoral registration
office or to their supervisor in order that any errors or misunderstandings can
be identified and corrected before the greater part of the work takes place.

2.61 Early intervention with any canvassers who may be underperforming is


desirable. In order to be able to achieve this, frequent communication
between the canvassers, any supervisors and the Electoral Registration
Officer is essential.

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

Part C, page 18, September 2009


is central to the completeness and accuracy of the electoral register and so it
is essential that they are motivated to work to the very best of their ability.
While sufficient levels of pay are of course important, other non-financial
methods of encouraging and motivating staff should also be considered.

I
While these may not appeal to all canvassers, some examples of low-
cost, non-financial rewards that may be worth consideration are:

Ask the Electoral Registration Officer or another senior officer to


welcome canvassers to the team
This could be facilitated by, for example, arranging for the entire canvassing
team to collect registration forms at the same time, with the Electoral
Registration Officer giving a short briefing on the duties involved. This would
not replace a training session but would provide another opportunity to
highlight the key points, and would demonstrate to canvassers that senior
staff take the exercise seriously.

Ensure that canvassers know how they are performing


Providing regular feedback on the percentage of households completing
registration forms will enable canvassers to see the progress that is being
made and to chart their own performance. This feedback could be either sent
directly to canvassers or disseminated via supervisors where used. At the end
of the annual canvass, canvassers should be given feedback both individually
and as a team on how they have performed: if they have achieved a good
result, they should be told this and thanked for their efforts.

Provide certificates of achievement to the top-performing canvassers


The Electoral Registration Officer could sign such certificates and present
them in person, recognising their good work. Top-performing need not mean
achieving the highest response rate but should take account of other factors,
such as the particular area canvassed or any special efforts that canvassers
have made to ensure that residents are registered.

Publicise the success of the canvass team


One way of doing this could be to include a story in the in-house staff
magazine or on the appointing councils intranet. This could also have the
additional advantage of raising the profile of electoral registration with other
staff employed within the authority, and who may consider applying for
canvassing in the future.

2.63 We recommend that the Electoral Registration Officers staff undertake


some canvassing themselves in order to acquire practical experience and an
understanding of both the difficulties and satisfactions involved. This can be
invaluable when devising and delivering training and also in supervising and
motivating canvassers in the future.

Supporting the canvass team during the canvass


2.64 Where possible, canvassers should be kept up-to-date about the status
of the households within their canvass area: for example, if a household has

Part C, page 19, September 2009


completed and returned a registration form, the canvasser should be informed
as soon as possible in order to prevent the canvasser making unnecessary
visits and the householder being disturbed needlessly.

2.65 There may be occasions in which members of the public behave in a


difficult way, for example by being rude to canvassers calling at their address,
or refusing to give the canvasser any information, despite understanding that
the canvasser is genuine and that there is a legal obligation to provide the
registration information. Where this falls short of offensive or threatening
behaviour, which would usually be dealt with as a health and safety matter
and possibly involve a police inquiry, it may be worthwhile for the Electoral
Registration Officer or another relevant senior officer of the appointing council
to prepare a letter that can be sent to the residents in question when the
canvasser informs the Electoral Registration Officer of such a situation.

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.

Elections during the canvass period


2.68 If there is an election during the canvass period, all canvassers in the
relevant area(s) will need to be informed of what procedures should be
followed and of the deadline for registration for the election.

2.69 The revised timescales for completing house-to-house enquiries


following the conclusion of the poll will need to be communicated to
canvassers. Some canvass staff may not be willing or able to canvass outside
of the original timeframe agreed when they were employed, and so there may
be a need to recruit and train additional staff to enable the completion of
house-to-house enquires. The canvass plan should include provisions setting
out how any additional canvass staff would be recruited and trained, and what
additional resources this would require.

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.

Part C, page 20, September 2009


Payment of and allowances for staff
2.70 Decisions relating to the payment of staff will be influenced by how the
canvass is to be organised, with payments reflecting the scope and degree of
the work carried out. The payment of canvassers is a matter for each
individual Electoral Registration Officer to consider and to determine the
appropriate approach for their area.

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.

2.72 If staff are to be encouraged to attempt to collect completed forms at the


time of delivery of initial and/or reminder forms, an additional payment per
form collected could be considered, reflecting the fact that return postage
costs will not be incurred by the Electoral Registration Officer. Since return
postage rates would be charged at the full rate by Royal Mail, there is scope
for the payment of a considerable additional amount to canvassers,
particularly if this is offered at the time of delivery of the initial forms where
achieving a return at that point would also avoid the costs of printing a
reminder form.

2.73 If canvassers are making house-to-house enquiries to collect forms still


outstanding after the delivery of initial and reminder forms, an incentive
payment could still be considered, particularly as by that stage staff will be
approaching the households least likely to return the form or respond to the
canvass. Financial incentives could take the form of a flat rate related to the
number of properties to be visited, with an additional payment for each form
collected. Alternatively, a larger payment related solely to the number of forms
collected might be considered.

2.74 As an extra incentive to encourage canvassers, an additional payment


could be considered for those canvassers achieving a specified response
rate. Where this approach is adopted it should be sensitively applied and care
should be taken to ensure that the targets set are not unreasonable, and that
if any penalties are to be imposed they can be fairly justified. Consideration
may also need to be given to the areas of work the canvasser has been
allocated. Any incentive scheme adopted should recognise that some areas
are more difficult to canvass than others and should be sufficiently flexible to
ensure that the work of the canvassers in the more challenging areas can be
appropriately rewarded.

2.75 It may be helpful to regard each stage of the canvass as a separate


process when considering payment methods and amounts, with tailoring the
payments to the actual work involved in each stage likely to result in a fairer

Part C, page 21, September 2009


payment system overall. This approach would also enable the costs of each
stage of the canvass to be separately identified and evaluated.

2.76 Although performance-related pay often ensures a higher return of


forms, where this is used, particularly if payment is calculated simply on the
number of forms returned, Electoral Registration Officers should be aware that
some canvassers may be tempted to make false returns to inflate their rate of
pay. Where monitoring shows that the response rates appear unexpectedly
high, the Electoral Registration Officer may consider it appropriate to carry out
further checks on the work of that canvasser.

2.77 Additionally, it may be appropriate to carry out spot checks on returned


forms, which could include comparing information on canvass forms with other
council records or checking signatures from no change households against
other records held by the Electoral Registration Officer, such as previous
registration forms or absent vote application forms.

2.78 In any event, Electoral Registration Officers should inform canvassers


that any attempt to falsify records will be treated seriously. This should be
done in both the written guidance supplied to them, and also at any training
sessions that take place. Should it appear that a canvasser has been
falsifying records, it is essential that action is taken immediately. Although
Electoral Registration Officers will need to determine the appropriate action to
be taken on a case-by-case basis, it is recommended that the Electoral
Registration Officer consult their human resources department regarding the
appropriate disciplinary procedures to be followed. Where warranted,
Electoral Registration Officers could also consider prosecuting canvassers for
theft or forgery, in which case it would be advisable to seek guidance from the
appointing local authoritys legal advisers on how to proceed.

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.

Part C, page 22, September 2009


Methods of payment of staff
2.81 Canvassers will be liable for both income tax and National Insurance
unless they are below the threshold or exempt respectively.

2.82 Their period of employment will vary depending on the method of


canvass. The Inspector of Taxes will generally accept that, while in practice a
canvasser may receive a single payment at the completion of their work, for
tax purposes this can be construed as being spread over a period of, for
example, 10 to 13 weeks.

2.83 The Electoral Registration Officers or their appointing authoritys


employment policies and procedures may require the payment of all staff
through the weekly/monthly payroll system. There may be benefit to the staff
concerned if staged payments are made as the work progresses, although a
greater incentive may be to pay all fees and allowances in one lump sum on
completion of the work.

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.

Safety and risk


2.85 As the annual canvass takes place in the autumn and many canvassers
will also have day jobs, much of the work undertaken by canvassers will be
done in the evenings, which will become increasingly dark as the canvass
period progresses. In addition, the Electoral Registration Officer may be
aware of areas or properties within the registration area where there are
particular issues which may affect the safety of canvassers. These factors
should be carefully considered when making arrangements for personal
canvassing: the health and safety of staff employed on the canvass should be
a primary consideration.

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.

2.87 Electoral Registration Officers should ensure that there is appropriate


insurance in place to cover any risks associated with the employment of
personal canvassers.

Part C, page 23, September 2009


2.88 Health and safety issues should form a central part of any guidance for
canvassers, including both printed material and briefing sessions. If
supervisors are to be employed, they should also be briefed to be able to
provide appropriate advice on health and safety issues to their 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.

2.90 The necessary photographs should be requested from newly engaged


staff on their appointment in order that preparation of the identity cards can be
completed well before staff commence work.

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.

2.92 Electoral Registration Officers may also want to consider supplying


canvassers with calling cards to leave at addresses where they are aware
that someone is home but is not answering the door or intercom. Such cards
should explain who the canvasser is and why they are calling, and could also
have space for the canvasser to write in the date/time they will next be in the
area. Calling cards may reassure residents that the caller is genuine and
may make them more amenable to opening the door when the canvasser next
calls. Alternatively, they may simply act as a further reminder to the
householder to complete and return the canvass form.

Part C, page 24, September 2009


3 Information from other sources
Inspection of other council records
3.1 The Electoral Registration Officer is authorised to inspect, for the
purposes of their registration duties, records kept in whatever form by: 14

(a) the council which appointed them and any registrar of births and deaths; 15

(b) any person, including a company or organisation, providing services to, or


authorised to exercise any function of, any such authority as defined in (a)
above.

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.

Households in multiple occupation


3.6 Canvassing households in multiple occupation (HMOs) may cause
Electoral Registration Officers some issues. For example, canvass forms
addressed to the occupier of such a building may not be opened and then
completed by any of the residents, simply because the form is addressed to
the occupier and not to any particular room or flat within the building.

3.7 Electoral Registration Officers should therefore be aware of the


provisions of the Housing Act 2004, which introduced compulsory licensing of
HMOs in England and Wales, and the Housing (Scotland) Act 2006, which
makes similar provisions regarding HMOs in Scotland.

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.

Part C, page 25, September 2009


3.8 In England and Wales, landlords of HMOs are required to provide the
licensing council with the following information:

the name and address of the landlord


the name and address of the managing agent, if there is one
the number of separate letting units
the number of households in the HMO
the number of people occupying the HMO

3.9 Each local authority is required to maintain a public register of the


licences it has granted, which must contain the number of rooms in the HMO
which provide sleeping and living accommodation (or, in the case of an HMO
comprising flats, the number of flats).

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.

3.11 We recommend that Electoral Registration Officers should arrange to


inspect these records when reviewing their property database in order to
ensure that as far as possible all households within HMOs receive separate
electoral registration forms.

3.12 Additionally, Electoral Registration Officers should consider making


contact with landlords and managing agents for information about their
tenants. Although it may be difficult for them to provide all of the necessary
registration information, they may be able to provide the names of those living
there, which would at least enable the Electoral Registration Officer to write to
those residents directly.

3.13 Where there is university or college accommodation in the Electoral


Registration Officers area, they must ensure that those students are correctly
registered. If it is not possible to canvass each individual accommodation unit,
an officer in charge of that accommodation or from the educational
establishment should be asked for a list of those people resident and for any
other information about them, such as their dates of birth if any are under 18
and their nationality, which will enable their registration to be completed where
this is provided during the canvass period. Outside the canvass period, if such
a list were obtained it would at least allow for personalised communications to
be sent to the residents, even though they could not be added to the register
without providing a signature and the other details required on a rolling
registration application.

3.14 It may be appropriate in some circumstances for Electoral Registration


Officers to take a similar approach with other places of multiple occupation
such as residential homes, nursing homes and hospitals. As with university or
college accommodation, these properties could also be canvassed by means
of data collection from a person or company responsible for that property.

Part C, page 26, September 2009


Electoral Registration Officers entitlement to request
information
3.15 The Electoral Registration Officer may require any person to provide
information required for the purposes of the Electoral Registration Officers
duty to maintain the register. 18 This power gives Electoral Registration
PF FP

Officers considerable authority to elicit information. It means that, for example,


housing associations, private landlords and student accommodation
managers can be required to give information to the Electoral Registration
Officer.

3.16 The requirement to supply information extends beyond applicants and


householders to any other person, including companies and organisations.
The information that the Electoral Registration Officer may ask for is limited to
that which they require to maintain the register, such as the names of people
living at any address, their nationalities and, if relevant, their leave to enter or
remain in the UK. Even where a person who is asked for information does not
have all of the necessary registration information, what information they do
have must nevertheless be provided. For example, if only the names of
people living at an address are known, that information must still be supplied
and it would then be for the Electoral Registration Officer to make further
enquiries of those individuals regarding the other registration criteria.

3.17 Any individual, company or organisation that refuses to supply


information is liable to a maximum fine of 1,000. The return of false
information can result in a maximum prison sentence of six months and/or a
5,000 fine. 19
TPF FPT

Making contact by other means


3.18 The steps set out in Section 9A of the RPA 1983 include making contact
by such other means as the Electoral Registration Officer thinks appropriate
with persons who do not have an entry in the register. 20 TPF FPT

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

Part C, page 27, September 2009


a
For further consideration of the Section 9A duty to take necessary
steps in regard to the rolling registration process, see Part D, Monthly
alterations to the register.

Retaining entries in the register


3.20 Once the Electoral Registration Officer has exhausted the steps listed in
Section 9A of the RPA 1983, there may still be some households from which
they neither have received a registration form nor have sufficient information
to remove any electors currently registered at that address.

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.

3.22 In respect of Regulation 34 of the RPR 2001, if the Electoral Registration


Officer can satisfy themselves that a person is still resident despite the fact
that a canvass form has not been returned, most likely through having taken
the necessary steps outlined in Section 9A of the RPA 1983, there is no need
to invoke this provision as the circumstances set out in Regulation 34(2) do
not apply. This in effect means that on the Electoral Registration Officer
satisfying themselves that a person is still resident and entitled to remain
registered, the clock is reset and it would only be if a form were not returned
at the following canvass and the Electoral Registration Officer could no longer
be satisfied that the person was still entitled to be registered that Regulation
34 would apply.

3.23 Where an Electoral Registration Officer intends to remove a name from


the electoral register because a registration form has not been returned for
two canvasses and it has not otherwise been possible to be satisfied that the
elector is still resident, a notice of the intention to remove the name from the
register should be sent to the elector concerned.

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.

Opt-out and the carry-forward


3.25 In the event that the annual canvass form is not returned or for any other
reason insufficient information is obtained as to residence and the carry-
forward provisions contained in Regulation 34 and described above are

21
Regulation 34, RPR 2001.

Part C, page 28, September 2009


invoked, the electors opt-out choice should be taken over into the carry-
forward period.P

Part C, page 29, September 2009


4 Rolling registration forms received during the
canvass period

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.

4.5 It is important to ensure that all persons in a household are registered


and so the receipt of one rolling registration application should not necessarily
be accepted as a return for the whole property. Receipt of a rolling registration
form should not prevent further canvass forms and reminders being sent to

22
Section 13A(3), RPA 1983.
23
Section 13(2), RPA 1983.

Part C, page 30, September 2009


that property if no canvass form has yet been received back by the Electoral
Registration Officer.

4.6 It may be practical to separate out rolling registration applications from


the canvass forms, date stamp them and then compare them with any
canvass returns from the same properties towards the end of the canvass
period. While rolling registration applications must be available for inspection
for five days after receipt, they could be determined later as long as this is
done in sufficient time that they will still appear on the revised register to be
published by 1 December.

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.

Part C, page 31, September 2009


5 Elections during the canvass
5.1 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: 24

UK or European Parliamentary elections


Scottish Parliamentary or National Assembly for Wales elections
Local government unitary, county, county borough, district,
metropolitan borough, London borough and directly elected mayoral
elections
Local government parish and community council elections in England
and Wales

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.

5.3 Any form, whether a canvass form or a rolling registration application


form, that:

is delivered by post or in person to the office of the Electoral Registration


Officer; or
has been collected by a canvasser who is undertaking house-to-house
enquiries on behalf of the Electoral Registration Officer

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.

Adding and deleting names from canvass forms when


there is an election during the canvass period
Adding names
5.4 The Electoral Registration Officer must treat all names that have been
added to a canvass form and that are not already on the register at that
address as new applications for registration and, subject to the usual

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.

Part C, page 32, September 2009


procedure for determining applications, the names included on these forms
must be included on the election notice of alteration. 28

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)

5.7 To be successful, an application on a canvass form should also contain


the following details of the person who is completing the form and/or is signing
to the information contained in it:

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.

5.9 All canvass forms showing an amendment to an existing entry on the


register can also be processed, determined and added to the notice of
alteration as appropriate. This includes situations where an elector:

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.

Part C, page 33, September 2009


Deletions
5.10 When a canvass form contains pre-printed names that have been
crossed out or where some other indication has been given on the canvass
form that a person is no longer resident at that address, their entry cannot be
removed from the register by the election notice of alteration on these grounds
alone. These names must not be deleted by the notice of alteration and must
remain on the register for the election. 30 There are, however, certain limited
circumstances in which names can be removed from the register by the
election notice of alteration, which are explained in Other deletions, below.

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.

Previous address within the Electoral Registration Officers area


5.12 If a returned canvass form contains an applicants previous address,
which is within the Electoral Registration Officers area, that person must be
removed from the register at their previous address only where all of the
following conditions are met:

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.

Part C, page 34, September 2009


included even where the electors previous address is in a part of the Electoral
Registration Officers area where there is no election taking place. 33

Previous addresses outside the Electoral Registration Officers area


5.14 If a returned canvass form contains an applicants previous address and
this address is in another Electoral Registration Officers area, the elector can
only be removed from the register at their previous address if all of the
following conditions are met: 34

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.

Part C, page 35, September 2009


the poll. A notice should not be sent where the Electoral Registration Officer
has reason to believe that the elector is also entitled to remain registered at
their other address.

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

an elector has died and a relative or a registrar sends notification of the


death to the Electoral Registration Officer
the elector themselves notifies the Electoral Registration Officer that they
are no longer resident or qualify for registration
the Electoral Registration Officer determines after an objection or a
review of registration that an entry in the register should be removed

5.20 These circumstances require the relevant entry to be removed whenever


the register is next updated. 37 This includes updating the register by the
publication of an election notice of alteration, as long as the determination has
been made by the fifth working day before the date of the poll.

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.

Publication of the notice of alteration


5.21 If there is an election during the canvass period, the election notice of
alteration must be published on the fifth working day before the date of the
poll. The notice will include those electors added, changed and removed
under the rolling registration system as well as those applications that have
been actioned from canvass forms. It will also include any deletions that can
be made as a result of the limited circumstances set out above.

36
Regulation 31B to 31F, RPR 2001.
37
Section 13, 13A, 13B and 13BB, RPA 1983..

Part C, page 36, September 2009


5.22 Electoral Registration Officers should liaise closely with their software
suppliers to ensure that their systems are capable of giving effect to additions,
amendments and deletions from canvass forms at the correct time.

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.

Publication of the revised register


5.24 The Electoral Registration Officer should not publish their revised
register early for any election during the canvass period, even in the event of
a UK Parliamentary general election being called.

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.

Part C, page 37, September 2009


Postal voting
5.29 Postal vote applications should be sent to electors and applicants who
have requested one on returned canvass or rolling registration forms as soon
as possible in order to provide electors with time to complete and return their
applications by the postal vote deadline for the election. There would be no
need to send absent vote forms immediately to persons who would not be
able to vote at the election in question, which would include any attainers
whose eighteenth birthday falls after the date of the poll.

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:

an elector has died and a relative or a registrar sends notification of the


death to the Electoral Registration Officer
the elector themselves notifies the Electoral Registration Officer that they
are no longer resident or qualify for registration
the Electoral Registration Officer determines after an objection or a
review of registration that an entry in the register should be removed
the applicant has successfully applied for registration at a different
address in the Electoral Registration Officers area and the previous
address is given on or with the application
notification has been received from another Electoral Registration Officer
stating that an elector has successfully applied for registration in another
area

Part C, page 38, September 2009


6 Conclusion of canvass
Publication of the register
6.1 Following the conclusion of the canvass, the Electoral Registration
Officer must publish the revised register by 1 December each year, unless
there has been an election during the canvass period. 39 This requires the
publication of:

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.

These factors should include:

what election(s) took place during the canvass


when in the canvass the election(s) took place
what canvass time was lost due to the election
when the canvass was re-commenced
whether the objectives in the canvass plan have been met
what plans the Electoral Registration Officer has in place to fulfil their
year-round duty to take the necessary steps to maintain the register, and
how these could be used to minimise the impact of the interruption to 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.

Part C, page 39, September 2009


6.4 In the same way that a notice of alteration is not published in October,
November and December, no notice of alteration is published in December,
January and February if a revised register has not yet been published. 43

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.

Performance standards returns


6.9 The Commission has the power 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. 45 The Commission introduced a performance standards
framework for electoral registration in 2008. Electoral Registration Officers are
required to report on their performance against these standards annually.

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.

Part C, page 40, September 2009


Supply of the full register
6.10 Once the revised registers have been published, the Electoral
Registration Officer will need to supply registers to those organisations
entitled to receive a copy.

a
Further guidance on the supply of copies of the register can be found
in Part H, Access and supply.

Retention of registration forms


6.11 Copies of registration forms should be kept either as scanned images or
paper copies. By doing so, any later questions regarding possible clerical
errors can be answered and also the retained applications can be used to
check against the personal identifiers provided on any subsequent absent
vote application.

Register to be used for elections taking place after


publication of the revised register
6.12 The revised register which must be published by 1 December (or, where
there has been an election during the canvass, by 1 February) has immediate
effect on publication. As a result, any election with a polling day on or after the
date of publication will be based on the revised register. Unlike a notice of
alteration which only has effect at an election if published on or before the fifth
day before the poll, a revised register has immediate effect for all elections.

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.

6.15 The nomination of candidates will, however, be based on the register in


force on the last date for publication of the notice of election, which may be
the register at 1 September (or, if there has been an election earlier in the
canvass period in that area, at any subsequent date where an election notice
of alteration was published) depending on the date of poll and the date of
publication of the revised register.

Part C, page 41, September 2009


6.16 The Electoral Registration Officer may opt to publish the revised register
early where there are elections in their area in December. The register must,
however, be published as one single document, and single wards or electoral
areas cannot be published on their own. In making a decision as to whether to
publish the revised register early, Electoral Registration Officers should
consider the fact that doing so may result in a lower response rate to the
canvass, with less time for householders to return the canvass form and less
time for Electoral Registration Officers to take steps to ensure the
completeness and accuracy of the register.

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.

Part C, page 42, September 2009


7 Further resources
Opt-out leaflets
7.1 Electoral Registration Officers may wish to include a copy of the
Commissions leaflet Who has my personal details? with their canvass forms.
This leaflet explains about the two versions of the electoral register and the
choice electors have to opt-out of their details appearing on the edited
register.

7.2 The leaflet can be downloaded in different formats and languages at


www.dopolitics.org.uk/Toolbox/toolbox-6.cfm and hard copies are also
available to order.

Annual canvass resources


7.3 The Commission has produced a range of template resources for use at
the annual canvass. These are available to download from the Commissions
website at www.electoralcommission.org.uk

Part C, page 43, September 2009


Part D Monthly alterations to the
register
Contents
1 Introduction

2 The duties of the Electoral Registration Officer

3 Rolling registration applications


Determination of applications
Disallowing applications for registration
Applications during the canvass period
Amendments to existing entries
Integrity

4 Notice of alteration
Computation of time
Alteration notices
Pending elections

5 Objections
Form of objection
Determining an objection
Hearings

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
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.

1.2 A revised version of the electoral register is published on the conclusion


of the canvass on or before 1 December in any year.

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

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: 4

UK or European Parliamentary elections


Scottish Parliamentary or National Assembly for Wales elections
Local government - principal area elections
Local government - parish and community council elections in England and
Wales

1.4 Publication is defined as making available for public inspection, under


supervision, at the Electoral Registration Officers office and at such other
places, if any, in their registration area that will allow members of the public
reasonable facilities for that purpose. 5

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.

Part D, page 1, August 2009


1.6 The latest revised register is then altered throughout the year by the
publication of notices of alteration. A number of notices are published during
the year and are all to be read together as altering the last revision of the
register.

1.7 The process of monthly alterations to the electoral register is commonly


referred to as rolling registration. This process operates throughout the year,
including during the canvass period.

1.8 Electors can be added and removed:

on the publication of monthly notices of alteration between January and


September,
on publication of the revised register by 1 December (or 1 February if
there has been an election during the canvass period) each year, or
at any time where a notice of alteration is published prior to an election.

Part D, page 1a, August 2009


2 The duties of the Electoral Registration Officer
2.1 The Electoral Registration Officers duty under Section 9A of the RPA
1983 is to take all steps that are necessary for the purpose of maintaining the
electoral register. The legislation sets out a number of specified steps. 8 While
some of the steps listed are specific to the annual canvass period only, the
general duty to take all steps that are necessary in maintaining the register
applies throughout the year.

2.2 The steps set out in Section 9A of the RPA 1983 that Electoral
Registration Officers should be taking throughout the year are:

making contact by such other means as they think appropriate with


persons who do not have an entry in the register
inspecting any records held by any person which they are permitted to
inspect under or by virtue of any enactment or rule of law
providing training to persons under their direction or control in
connection with the carrying out of their duty

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.

Part D, page 2, August 2009


Part D, page 2a, August 2009
3 Rolling registration applications
3.1 An application for registration under the rolling registration system must
be made in writing and be signed and dated by the applicant. Applications are
made on an individual basis and so the required information must be provided
for each applicant, and each applicant must sign and date the application
themselves declaring that the particulars are true. Unlike at the annual
canvass, there is no prescribed form for rolling registration applications and so
applications must be accepted in any form as long as the required details are
given.

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

3.3 The Electoral Registration Officer must accept an application received by


fax provided it is received in legible form and is capable of being used for
subsequent reference. Due to the requirement for a signature, an application
should only be accepted by email if it consists of a scanned image of the
signed application form. 11

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.

3.5 Every application must contain: 13

the applicants full name


the address in respect of which the applicant applies to be registered
and at which they are resident on the date of the application
the address in respect of which the applicant is currently registered as
an elector, if they have ceased to reside there
their nationality
their date of birth if they are 16 or 17 years old
an indication that they are over 70 years old if appropriate (England and
Wales only)
a declaration that the information given is true and that they are a
Commonwealth or European Union citizen as stated in the application

3.6 It is an offence to give false information to an Electoral Registration


Officer. 14 The maximum penalty is six months imprisonment and/or a fine of
up to 5,000. The Electoral Registration Officer should consider including

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.

Part D, page 3, February 2008


wording in the declaration section of the application form explaining that
making a false statement is an offence and may also wish to include details of
the maximum penalty for this offence.

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

Details of the application must be entered in the list of applications.


Details of the objection must be entered in the list of objections.
Separate lists must be kept of objections received before a person is
entered on the register and of objections received after a person has
been entered on the register.
Details of the objection must also be entered in the list of applications
where an objection is received before a person has been entered on the
register.

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

3.10 Anonymous registration application details are not to be listed and


anonymous application forms must not be open for inspection. 17

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.

Part D, page 4, February 2008


3.12 The details given in the application are generally added to the computer
system and an initial assessment made of the application that day. A
computer printout of the application list generated by the software package
could be used for checking the application against the data entered into the
computer, in order to ensure that the details have been transcribed correctly.

3.13 Once an application has been received it may be determined without a


hearing after five clear working days have passed since the application was
listed and where no objections have been received. 18 In the case of
applications accompanied by an application for anonymous registration, it is
not necessary to wait five days and the Electoral Registration Officer can
allow the application without a hearing at any time. 19

3.14 While applications should be processed as soon as is practicable, it may


assist with the integrity of the register to formally determine applications to be
included in the next register amendment or revision shortly before the
determination deadline. This will allow any issues that come to light, such as
the return of any letter sent acknowledging receipt of the application which
suggests that the elector is not resident at that address, to be investigated
further. If, however, the Electoral Registration Officer is minded not to accept
the application when the initial assessment is made, the determination should
be made at an early stage in order to allow a hearing to be held if requested.

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

a birth certificate or a statutory declaration stating the applicants date of


birth
a certificate of naturalisation

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.

Part D, page 5, February 2008


a document showing they have become a Commonwealth citizen
a statutory declaration that they are a qualifying Commonwealth citizen,
a citizen of the Republic of Ireland or a European Union citizen

3.18 The cost of producing or copying documents should be reimbursed to


the applicant by the Electoral Registration Officer and such fees are a
registration expense to be met by the local authority. 24

3.19 The Electoral Registration Officer may consider acknowledging initial


receipt of applications for registration in addition to sending the required notice
after the applicant has been added to the register. Sending
acknowledgements on the initial receipt of applications may not only help with
the integrity of the register but can also act as a check on the accuracy of the
details to be entered on the register. In particular, it may be appropriate to
acknowledge those applications that have not been made as a result of a form
having been originally posted to the applicant, as this may assist the Electoral
Registration Officer in being satisfied that the applicant is linked to the
qualifying address.

3.20 If an application states that the applicants former address is in another


registration area, the Electoral Registration Officer must notify the Electoral
Registration Officer at the relevant electoral registration office as soon as
practicable in order to inform them that the applicant no longer resides in their
area. 25

3.21 Although this could be done immediately on receipt of such an


application, it is recommended that only applications which have been
determined or have had an initial assessment and are due to be determined
as valid applications are included on the notice to be sent to other Electoral
Registration Officers. Such notices could be sent daily, weekly, monthly or at
some other frequency but, with the possibility of by-elections in any local
authority at any time and the deadline for the publication of election notices of
alteration being five working days before the date of the poll, it may be
appropriate to send such notices weekly.

3.22 Sending notices to other Electoral Registration Officers by email


attachment will reduce postage costs and allows for faster transmission.
Some software systems maintain a database of every local authority and will
automatically produce local authority transfer lists. Where this is not the case,
the following steps should be taken:

Ascertain the postcode of the applicants previous address.


Enter the postcode or the name of the town or village into
www.aboutmyvote.co.uk, which will provide details of the relevant
Electoral Registration Officer.

3.23 Clearly, if the applicants former address is in the same Electoral


Registration Officers area as the new address, the requirement to notify will

24
Regulation 24(3), RPR 2001.
25
Regulation 37, RPR 2001.

Part D, page 6, February 2008


not arise. In such a case, the electors details should simply be removed from
their previous address on the publication of the next notice of alteration.

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.

Summary of the application process


3.26 The key stages of determining an application are as follows:

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.

Part D, page 7, February 2008


Consider any doubts about the application.

Result of the initial assessment


Where the application contains the required information, which suggests
that the applicant is qualified, and there are no doubts about the
application:
- If no further issues come to light, make the formal determination
accepting the application just before the next determination deadline
and add to the register.

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.

Where the application contains information which means that the


application cannot be successful (for example, the applicant has stated
an ineligible nationality):
- Proceed directly to a formal determination, which will be to reject the
application.

Where the Electoral Registration Officer is unwilling to accept the


application as they have reasonable integrity concerns about the
application:
- Proceed to an application hearing. Further information on the process
for application hearings can be found in Section 7, Hearings, below.

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.

Part D, page 8, February 2008


Disallowing applications for registration
3.27 Where Electoral Registration Officers are of the view that an application
for registration cannot be allowed, they must send a notice to the applicant
stating that, in their opinion, the application cannot be allowed because: 30

the matter has been concluded by a court decision, or


the particulars of the application are such that they do not entitle the
applicant to succeed

3.28 In these circumstances, the Electoral Registration Officers notice to the


applicant must explain the grounds for their opinion and state the intention to
disallow the application unless notice is received from the applicant within
three working days requesting that the Electoral Registration Officer hear the
application. 31 If the Electoral Registration Officer receives no such notice, they
should disallow the application.

3.29 This procedure would not be followed in a case where an application


does not contain all of the prescribed details: in such a case, the Electoral
Registration Officer would simply ask the applicant for the missing
information. 32 The rejection procedure must be followed, however, if any of
the particulars provided indicate that the applicant is not eligible for
registration.

Applications during the canvass period


3.30 The Electoral Registration Officer will receive some applications for
registration during the canvass period contained on rolling registration forms.
These applications should be determined in the same way as rolling
registration applications received during the rest of the year and successful
applications added to the revised register to be published on or before
1 December (or on or before 1 February is there has been an election during
the canvass). Such applications received during the canvass period must be
processed and must not be ignored or left until the first monthly notice of
alteration after the canvass.

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.

Part D, page 9, August 2009


changes to the details of existing electors must be treated as if they were
individual rolling registration forms. 33

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.

Amendments to existing entries


3.32 Amendments may be made to existing entries in the register of electors,
for example due to a change in the name or qualification of an elector or due
to a change in the format of their qualifying address.

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.

Part D, page 10, August 2009


receipt of rolling registration forms as discussed above under Determination
of applications. Whatever systems are adopted should give the Electoral
Registration Officer the ability to prevent and detect malpractice in the
electoral process while still providing a convenient service to those applying
for registration.

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.

Part D, page 11, August 2009


4 Notice of alteration
4.1 A notice of alteration must be published:

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:

If the day or the last day on which something is required to be done


is not a working day, the date or time is extended to the next working
day. 40
In calculating any period of seven days or less, only working days are
counted. 41
Any period of eight days or more is counted as calendar days.

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.

Part D, page 12, August 2009


4.6 The notice of alteration which must be published at the beginning of the
month (January to September inclusive) is published on the first working day
of that month.

4.7 The timetable for rolling registration is based on the calculation of three
dates:

the date on which the notice of alteration must be published


the final date by which any determination must be made, and
the date by which any application, document or other representation
must be made to the Electoral Registration Officer

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.

Table 1: Publication of the monthly notice of alteration

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

Part D, page 13, August 2009


Table 3: Publication of an election notice of alteration following
publication of a notice of election (the 11 day rule)

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

Table 4: After publication of the election notice of alteration, publication


of a notice of alteration to correct a clerical error or to implement a court
(registration appeal) decision

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 relevant time


4.9 The relevant time is the point at which the Electoral Registration Officer
decides that there should be a change made to the electoral register. This is
when: 42

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.

Part D, page 14, August 2009


they receive notification by the court of a decision on a registration
appeal that requires an alteration to be made, or
they determine that the register contains a clerical error

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.

4.11 When the register is changed, whether as a result of the publication of a


revised register, publication of a monthly notice of alteration or publication of a
notice of election in advance of an election, all cases which have a relevant
time on or before the determination or removal deadline must be included on
that publication.

Alteration notices
4.12 The following provisions apply to a notice of alteration:

It must be issued on the day calculated as the publication date (as


explained in Computation of time, above). 43
It must be published by having a copy of it available for inspection at the
office of the Electoral Registration Officer and at any other appropriate
place or places in their registration area (if any). 44
A copy of the notice must be sent to every person affected by its
contents, whether additions, amendments or deletions, except in the
case of a deceased elector who has been removed from the register. 45

4.13 Sending a letter to each person affected by an alteration to the register


rather than sending them the entire notice is sufficient to fulfil the legal
requirements; there is no reason for applicants to be notified about alterations
other than their own and to provide such information could raise privacy and
data protection issues.

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.

Part D, page 15, August 2009


an addition, amendment or deletion; and the date on which the alterations
take effect.

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

4.16 A notice of alteration must be published by the Electoral Registration


Officer whenever a notice of election has been published. The Electoral
Registration Officer must publish a notice of alteration on the fifth working day
before the date of the poll to allow applications for registration to be made up
until the eleventh day before the poll. Elections which trigger this 11-day
registration deadline are:

UK Parliamentary general elections and by-elections


European Parliamentary elections
elections and by-elections to the Scottish Parliament, the National
Assembly for Wales, the Northern Ireland Assembly and the Greater
London Authority
all elections of councillors to local authorities
elections of directly elected Mayors

4.17 In the absence of a specific time in legislation, the registration deadline


on the eleventh day should be taken to be 12 midnight on that day. Electoral
Registration Officers are not expected to remain at the office until 12 midnight
but should have arrangements in place so that they know what has been
received by 12 midnight, and should err on the side of inclusion if it is not clear
when a particular application has arrived. Applications that arrive by post the
morning after the deadline have clearly arrived too late but if it cannot be
proved that a hand-delivered application was delivered too late, the Electoral
Registration Officer should consider accepting the form as having been
delivered in time to be determined and included on the election notice of
alteration.

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.

4.19 As anonymous registration applications are not subject to the five-day


objection period, they can be received up to six working days before the date
of the poll, determined and then included on the election notice of alteration.

Part D, page 16, August 2009


a
Further information on the registration process for anonymous electors
can be found in Part F, Special category electors.

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.

Table 5: Register publication due to election event

Election in Notice of alteration five Ordinary notice of


working days before the alteration
date of the poll
Whole of the Yes No, as long as all due
Electoral alterations were included in
Registration the five-day notice
Officers area

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.

Part D, page 17, August 2009


application or canvass form where there has therefore been an error in the
processing of the form.

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.

Part D, page 18, August 2009


5 Objections
5.1 An elector registered in the area of the local authority may make an
objection to a persons registration, either before or after that person has been
added to the register. 49 Objections can be made at any time both to
applications for registration and to entries already on the register. 50

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

5.6 In addition to the list of applications for registration, Electoral


Registration Officers must keep two separate lists of objections: 54

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.

Part D, page 19, February 2008


a list of objections to applications for registration before the person being
objected to has been added to the register
a list of objections to entries already contained in the register

a
A table summarising the lists of applications and rejections that
Electoral Registration Officers must maintain can be found in
Section 8, Resources, below.

5.7 The applications of those applying to be registered anonymously are not


open to inspection. 55 Such applicants cannot be subject to an objection, nor
can anyone who already appears on the register as an anonymous elector. 56

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

Objections received within five working days


5.11 If an objection to an application to register is received within five working
days after listing of the application, then the application to register is
suspended until the objection is determined. Objections are determined by
one of the following:

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.

Part D, page 20, February 2008


a) The objector being informed that they are not entitled to object.
b) The objection being concluded by a decision of a court.
c) Having disallowed the objection, the Electoral Registration Officer gives
notice of their decision, but the objector does not give notice requiring a
hearing within three days.
d) A hearing being held, where the objection and application will be
determined together.

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.

Objections clearly without merit


5.13 An Electoral Registration Officer may declare an objection to be clearly
without merit. This is particularly important for objections to applications
received within the five-day period.

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.

5.16 If an Electoral Registration Officer decides that an objection is clearly


without merit, then a notice of the decision to disallow the objection must be
sent to the objector, and the grounds for the decision must also be given.
There is no requirement to inform the applicant or elector objected to.

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.

Objections received after the five-day period


5.18 Objections made after the five-day period do not suspend the application
for registration.

Part D, page 21, February 2008


5.19 If the Electoral Registration Officer is unable to determine an objection
before the monthly or election notice of alterations determination deadline,
the application continues as normal. If a notice of alteration is published
adding an applicant subject to an objection to the register, the details of the
objection should be moved from the list of objections to applications to the list
of objections to entries in the register.

5.20 If the Electoral Registration Officer is able to determine the objection


before the monthly or election notice of alterations determination deadline,
and determines that the objection is allowed, then no entry must be made in
the register for the applicant who was subject to the objection.

5.21 If an objection is received to an entry already on the electoral register,


the elector subject to an objection must remain registered until such time as
the objection is determined.

5.22 If the Electoral Registration Officer disallows an objection, then a notice


of the decision and the reasons to disallow it may be sent to the elector
making the objection. 63 It is recommended that this is done in every case in
order to allow the objector the opportunity to request a hearing.

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.

5.24 There is no requirement to inform an applicant or elector subject to an


objection that their application or registration has been objected to. They will,
however, be informed if the Electoral Registration Officer does not reject the
objection and requires a hearing.

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.

Part D, page 22, February 2008


6 Reviewing entitlement to be registered
6.1 Electoral Registration Officers should be proactive in the maintenance of
their register and use all the datasets available to them to discover cases
which may trigger a review of registration. The Data Protection Act 1998 does
not prevent the Electoral Registration Officer from viewing every record of the
local authority as long as the data is used for registration purposes, which
would include the processes around dealing with new applications, objections
and reviews, and there are appropriate office procedures for ensuring the
security of the data.

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.

6.3 Previously, when a person became or remained an elector by


completing a canvass form or otherwise by appearing on the annually revised
register they would retain their registration until the next canvass period. That
is no longer the case. Electors who have ceased to reside at the qualifying
address no longer meet the residence test and are therefore no longer entitled
to remain on the register. 65

6.4 Consequently, if an Electoral Registration Officer discovers that an


elector is not or may not now be resident at an address it would be part of
their general duty to maintain the register to conduct a review.

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.

Part D, page 23, February 2008


List of reviews
6.7 The Electoral Registration Officer must keep a list of reviews. The list
must contain the following information for each review, unless the review
relates to an anonymous entry on the register: 66

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.

6.10 Following the decision as to which type of review is to be carried out, a


notice must be despatched to the elector, containing the relevant information
as set out below. Please note that all periods mentioned below are calendar
days, not working days.

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.

Part D, page 24, February 2008


elector should be removed, the entry will be removed at the next notice of
alteration, subject to the determination deadline for the next register alteration.

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.

6.16 If the Electoral Registration Officer decides to undertake this form of


review, Notice C must be sent to the elector. Notice C states the Electoral
Registration Officers intention to hold a hearing. The notice must include the
reasons for the review and the time and place of the hearing.

68
Regulation 31D(4)(b), RPR 2001.
69
Section 13D, RPA 1983.
70
Regulation 31D(4)(c), RPR 2001.

Part D, page 25, February 2008


7 Hearings
Application hearings
7.1 Applications for registration do not have to be taken at face value. While
a vast majority of applications will not need a hearing, the Electoral
Registration Officer has the option to take any application to a hearing. This
process should be undertaken if there is a reason to doubt any application
received based on any knowledge that the Electoral Registration Officer may
have. Additionally, if an application has been disallowed without a hearing,
one may be demanded by the applicant. 71 This demand must be made within
three working days from the date of the decision and, due to the timescales,
such 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 application, the notice to be sent to the applicant is dated and sent
by first class post on that same day.

7.2 A notice of hearing must be sent to the applicant stating the following:

the time and place of the hearing


the grounds for the hearing

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:

the time and place of the hearing


the name and address of the objector
the grounds for the objection

71
Regulation 29(7), RPR 2001.
72
Regulation 30(2), RPR 2001.
73
Regulation 29(7), RPR 2001.
74
Regulation 30(1), RPR 2001.

Part D, page 26, February 2008


7.6 The objectors details will be made available to the applicant or elector. 75
Some electors may not wish to make an objection due to their name being
used in which case the Electoral Registration Officer, if satisfied that an
applicant or elector may not be qualified, could instead initiate a review of
registration.

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.

7.8 Electoral Registration Officers may require that evidence be given on


oath, either because one of the people entitled to appear requests it, or
because the Electoral Registration Officer thinks it is desirable. 77 While the
Electoral Registration Officer may administer the oath themselves, it is
recommended that they seek advice from their legal team to ensure that the
oath is in the correct form and that various religious and non-religious options
are available.

7.9 If the applicant or in the case of an objection, the objector or the


applicant or elector subject to an objection, fails to appear, the Electoral
Registration Officer may still continue to have the hearing and determine the
application at the hearing. The Electoral Registration Officer should also
consider rearranging the hearing to an alternative time within the allowed
period for the hearing if this is agreeable to the parties who had attended at
the agreed time. Any written evidence, such as a letter or form, supplied by
the applicant, elector or objector should be considered by the Electoral
Registration Officer in their absence.

7.10 Hearings are quasi-judicial proceedings and so it would be inappropriate


to delegate this duty to an officer who is not appointed either as Electoral
Registration Officer or as a Deputy Electoral Registration Officer.

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.

Part D, page 27, February 2008


Review hearings
7.11 Unlike the hearing of an application or objection, which must not be held
earlier than the third working day or later than the seventh working day after
the issue of the notice of hearing, the regulations impose no upper time limit
on the conduct of a review hearing. The sole timing requirement for review
hearings is that at least three working days need to elapse from the issue of
the notice of hearing before they can be held. 78

7.12 If the subject of a hearing fails to appear, the Electoral Registration


Officer may still determine that the subject of the review was not entitled or
has ceased to be entitled to be registered. In making a determination,
Electoral Registration Officers must take into account written representations
from the subject of the review and other interested parties. As with other
hearings, the Electoral Registration Officer should attempt to rearrange the
hearing if possible within the period allowed.

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.

7.14 The notice of appeal must be submitted to the Electoral Registration


Officer and any other relevant party, together with the grounds of appeal. The
Electoral Registration Officer must then forward the notice to the county court
or to the sheriff in Scotland, which should be accompanied by:

a statement of the facts of the case


the Electoral Registration Officers decision and their decision on any
point specified as a ground 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.

Part D, page 28, February 2008


the original application, should be heard in private. 80 Equivalent arrangements
are in place in Scotland. 81

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.

Part D, page 29, February 2008


8 Resources
Quick reference sheet: lists of applications and objections
Electoral Registration Officers must maintain the following three separate lists:

a. the list of applications for registration


b. the list of objections to applications for registration before the person being
objected to has been added to the register
c. the list of objections to entries already contained in the register

a. List of b. List of objections c. List of


applications to applications for objections to
registration register entries
Name and qualifying Objectors details, i.e.: Objectors details,
address of the Name i.e.:
applicant (except for Address as shown Name
anonymous on the electoral Address as
registration register shown on the
applications) Electoral number electoral register
Electoral number

Where an objection is Details of the Details of the elector


received and there is applicant objected to, who is objected to,
no entry in the i.e.: i.e.:
register:

Particulars of the Name Name


objection* Address claimed Qualifying
as the qualifying address
address Electoral number

* 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.

Part D, page 30, February 2008


Flowcharts for objections and reviews
Figure 1: Receipt within five-day period

Receipt of objection

Add to list b

Yes Is it clearly without No


merit?

Determine application and Suspend application


treat normally. Dont
suspend application

Send notice to objector that Determine objection


objection is disallowed Disallow
objection

If within three Conduct a hearing Objection not


days hearing between third and disallowed
demanded seventh day following
notice of hearing

Hearing finds for Hearing finds


applicant/rejects person not eligible
objection

Add to register at next Do not add if not added;


update remove at next update if
already added

Possible appeal to
county court or sheriff

Notes: Periods of seven days or less are working days.


List b is the list of objections to applications.
There can be no objection to anonymous applications.

Part D, page 31, February 2008


Figure 2: Receipt outside five-day period

Receipt of objection. Add


to list b. If application is
added during process
remove from list b and add
to list c

Dont suspend application

Disallow Determine objection Objection not


objection disallowed

Send notice to objector


that objection is disallowed Conduct a hearing
between third and
seventh day following
notice of hearing

If within three
days hearing Hearing finds for Hearing finds
demanded applicant/reject person not eligible
objection

Continue to add to Do not add if not added;


register at next update/ remove at next update if
keep on register already added

Possible appeal to
county court or
sheriff

Notes: Periods of seven days or less are working days.


List b is the list of objections to applications.
List c is the list of objections to entries.
There can be no objection to anonymous applications or anonymous
entries.

Part D, page 32, February 2008


Figure 3: Objection to an existing entry

Receipt of objection. Add


to list c

Dont suspend electors


voting rights

Disallow Determine objection Objection not


objection disallowed

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

Keep on register Remove entry at


next update

Possible appeal to
county court or
sheriff

Notes: Periods of seven days or less are working days.


List c is the list of objections to entries.
There can be no objection to anonymous entries.

Part D, page 33, February 2008


Figure 4: Reviews

Type A
review

Hearing Do not delete

Send Notice 14 days to


A. Add to list request
hearing

Determination Delete at next


update

Type B
review No

Send Notice 28 days to Is response


B. Add to list respond satisfactory to
retain entry?

Type C Do not delete Yes


review

Send Notice Hearing Delete at next Possible appeal to


C. Add to list update county court or
sheriff

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.

Part D, page 34, February 2008


Part E Improving completeness and
accuracy
Contents
1 Definition of a complete and accurate register

2 Sources of information for electoral registration


Inspection of other council records
The use of third-party data
Electoral Registration Officers entitlement to request
information
The property database

3 Capturing data about new residents


Other methods of reaching electors

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.

1.2 The Commissions interpretation of completeness and accuracy in


relation to electoral registration, based on the legislative requirements for
electoral registration in Great Britain, is as follows.

1.3 Completeness means:

Every person who is entitled to have an entry in an electoral register is


registered.
No person who is not entitled to have an entry in an electoral register,
including fictitious or dead persons, is registered.
All relevant fields are completed in relation to every entry.

1.4 Accuracy means:

None of the required information relating to any person registered is


false or incorrect, intentionally or otherwise.

1.5 Essentially, completeness therefore means ensuring that only eligible


people are included in the register of electors, while accuracy relates solely
to the information that exists on the register without comment as to whether it
should be on the register or not.

1
Section 9A, RPA 1983.

Part E, page 1, August 2009


2 Sources of information for electoral registration
Inspection of other council records
2.1 The Electoral Registration Officer is authorised to inspect, for the
purposes of their registration duties, records kept in whatever form by: 2

(a) the council which appointed them and any registrar of births and deaths 3

(b) any person, including a company or organisation, providing services to, or


authorised to exercise any function of, any such authority as defined in (a)
above

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.

The Data Protection Act 1998


2.6 The Data Protection Act 1998 does not prevent the Electoral
Registration Officer from viewing every record of the authority that appointed
them as long as the data is used for electoral registration purposes.

2.7 Based on the Commissions interpretation of Section 9A of the RPA


1983, the Information Commissioners Office has advised the Commission
that, as Electoral Registration Officers have a legal duty to inspect local
authority records for the purposes of maintaining the register, local authorities
are consequently under a legal duty to disclose the information requested by
2
Regulation 35, RPR 2001.
3
In Scotland, it is the registrar of births, deaths and marriages.
4
Regulation 35(3), RPR 2001.
5
Section 9A(2)(d), RPA 1983.

Part E, page 2, August 2009


the Electoral Registration Officer, and the Data Protection Act 1998 will not
act as a barrier to the disclosure of the required information.

I
The Information Commissioners full advice is as follows:

The Electoral Commission has informed us that Electoral Registration


Officers have a duty under Section 9A of the RPA 1983 to review as many
council-held databases as they feel necessary for the purposes of maintaining
the electoral register. Because this legal duty obliges a local authority to
disclose the information requested by the Electoral Registration Officer, the
Data Protection Act 1998 (DPA) will not act as a barrier preventing local
authorities from disclosing this information.

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).

However, the non-disclosure provisions are not a blanket exemption to all of


the above provisions, under all circumstances. We would not consider the fair
processing requirement to be a non-disclosure provision in this situation. This
is because we do not believe that informing data subjects that local authorities
are under a legal obligation to disclose personal data to the Electoral
Registration Officer, for the purposes of maintaining the electoral register, is
inconsistent with that particular disclosure. Therefore, we think that local
authorities should inform data subjects, as soon as it is practicable to do so,
that their personal data may be disclosed to Electoral Registration Officers, for
the purposes of maintaining the electoral register. We would accept that the
most practicable method by which local authorities can inform data subjects is
when fair processing notices are routinely updated. However, we still would
encourage local authorities to try to make fair processing information available
in the meantime, e.g. via their website or by any other convenient method.

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

Part E, page 3, August 2009


Protection Officer within their appointing local authority to ensure that any
inspection they carry out is so compliant.

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.

2.10 Further information can be obtained from:

The Information Commissioners Office


Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 08456 30 60 60
www.ico.gov.uk

Information Commissioners Office Information Commissioners Office


Scotland Wales
93 - 95 Hanover Street Cambrian Buildings
Edinburgh EH2 1DJ Mount Stuart Square
Telephone: 0131 301 5071 Cardiff CF10 5FL
Email: scotland@ico.gsi.gov.uk Tel: 029 2044 8044
Email: wales@ico.gsi.gov.uk

The use of third-party data


2.11 Although the records that may be inspected were not compiled with
electoral registration criteria in mind and may not provide all the information
that an Electoral Registration Officer requires, they can nevertheless provide
useful partial or additional information to assist the Electoral Registration
Officer in their registration duties. It should be noted that while records may
assist an Electoral Registration Officer in identifying who does not have an
entry in the register, any new entry made under the rolling registration process
must always come from an application.

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.

Part E, page 4, August 2009


Electoral Registration Officers entitlement to request
information
2.13 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. 6
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. 7

2.14 The items which should be accepted by the Electoral Registration Officer
as evidence of a persons age or nationality include: 8

a birth certificate or a statutory declaration stating the applicants date of


birth
a certificate of naturalisation
a document showing they have become a Commonwealth citizen
a statutory declaration that they are a qualifying Commonwealth citizen,
a citizen of the Republic of Ireland or a European Union citizen.

2.15 The cost of producing or copying documents should be reimbursed to


the applicant by the Electoral Registration Officer and such fees are a
registration expense to be met by the local authority. 9

2.16 Electoral Registration Officers can require any person to give


information required for the purposes of their duty to maintain the registers of
Parliamentary and local government electors. 10 This power enables Electoral
Registration Officers to obtain information and it means that, for example,
housing associations or private landlords can be required to give information.
In all cases, Electoral Registration Officers are advised to seek cooperation in
the first instance, rather than using the threat of legal action; explaining the
law may be sufficient to achieve the desired effect.

2.17 There may, however, be occasions when the Electoral Registration


Officer may wish to initiate legal action against someone who has been
persistently uncooperative or obstructive. Any person who refuses to provide
the information that is required to prepare the register is liable on summary
conviction to a fine not exceeding level 3 on the standard scale, currently set
at 1,000. 11 Any person who knowingly provides false information in
connection with registration is liable on summary conviction to a fine of up to
5,000, imprisonment of up to six months, or both. 12 It is important to

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.

Part E, page 5, February 2008


remember that a person is not guilty of providing false information if they did
not know, or had no reason to suspect, that the information was false.

The property database


2.18 To maintain the register, the Electoral Registration Officer will require a
comprehensive property database in order to be able to canvass potential
electors within their registration area. Steps to establish or maintain an
accurate property database can be taken throughout the year, and while
canvassers employed to prepare the register are extremely valuable in
seeking out properties not on the current database, there are other methods
of obtaining this information. The inspection of other local authority records
can assist the Electoral Registration Officer with identifying new residential
properties and those that have undergone a change of use, as well as those
that are empty, non-existent or are yet to be built.

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.

2.22 Register of households in multiple occupation (HMOs): HMOs may


cause Electoral Registration Officers some difficulties when attempting to
canvass them. Electoral registration forms addressed to The Occupier may
not be completed by any of the residents simply because the form is
addressed to The Occupier of the building and not to any room or flat in
particular.

2.23 The Housing Act 2004 introduced compulsory licensing of HMOs in


England and Wales on 6 April 2006. The Housing (Scotland) Act 2006 makes
similar provisions regarding HMOs in Scotland.

2.24 In England and Wales, as part of the licensing scheme, landlords of


HMOs are required to provide the licensing council with the following
information:

Part E, page 6, February 2008


the name and address of the landlord and the managing agent (if there
is one)
the number of separate letting units
the number of households in the HMO
the number of people occupying the HMO

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.

2.27 Electoral Registration Officers should arrange to inspect these records


when reviewing their property database in order to ensure that all households
within HMOs receive separate electoral registration forms.

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.

2.29 Outline planning consents should be held on record for information


purposes by the Electoral Registration Officer until such time as full consent is
granted. It is possible that a developer might not start a development for up to
five years and details of a consent may be changed prior to the development
taking place. It is recommended that planning consents are monitored for five
years but that the property database is not amended until the development
actually takes place.

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

Part E, page 7, February 2008


should consider holding the unique property reference number information
taken from these sources on their own databases, which could then be used
along with geographical information systems, as set out below. While a
comprehensive and up-to-date gazetteer should be able to provide
information on all units of accommodation, including rooms and flats within
buildings, the Electoral Registration Officer may still discover changes to
properties, which will need to be fed back to the LLPG or CAG as appropriate.

2.32 Geographical information systems (GIS): GIS can be a useful tool in


locating properties and in maintaining boundaries of canvass areas and
polling districts, in addition to other electoral boundaries. Maps could be
provided to canvassers to help locate properties and to track progress of any
new developments. Additionally, GIS used alongside properly referenced
property data can be particularly useful in analysing variations in returns of
information, and so can inform the planning of how Electoral Registration
Officers can fulfil their Section 9A duties.

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.

2.35 Canvassers: Electoral Registration Officers 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 reverted back to a house or a new property built.

2.36 Many commercial and industrial premises have residential dwellings


attached to them that might not be obvious, and care should be taken to
ensure that such premises are canvassed. Shops are one such example
where flats might be situated above the retail premises, and their use as
residential units may vary from year to year; making contact with shop owners
and employees may help to identify residential dwellings.

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

Part E, page 8, February 2008


registration. The Electoral Registration Officer should therefore monitor any
mail that is returned to the office as undelivered on an ongoing basis. If, as a
result of those checks, the Electoral Registration Officer has any concerns as
to the accuracy of a particular register entry, they should cross-check the
information they hold with that on other council records. If they have the
resources, they may also wish to make a personal visit. If, following the data-
matching exercise and/or the personal visit, the Electoral Registration Officer
continues to have doubts over an existing entry, they should conduct a review
of registration, the process for which is set out in Part D, Monthly alterations
to the register.

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.

2.40 Land Registry/Registers of Scotland: These sources can be used to


find information on property ownership and sales of property, which can
provide a useful source of information on changes, particularly as the name of
the buyer is given which allows the Electoral Registration Officer to send
personalised correspondence.

Part E, page 9, February 2008


3 Capturing data about new residents
3.1 The inspection of other council records and the entitlement to request
information should support or prompt registration activity particularly where
direct approaches to the household, such as the sending of annual canvass
forms and personal canvassing, have not confirmed whether the people
resident are eligible to be included on the register.

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.

3.3 Housing: The records of arms-length management organisations and


housing records where the council maintains the housing stock directly can all
be inspected for details of tenants.

3.4 Register of households in multiple occupation (HMOs): As explained


in more detail in Section 2, Sources of information for electoral registration,
above, the local authority-maintained registers of HMOs contain information
regarding HMO licences for living accommodation in the area.

3.5 Electoral Registration Officers should consider inspecting these records


and consequently making contact with landlords or managing agents for
information about their tenants; although it may be difficult for them to provide
all the necessary information to facilitate registration, they are likely to be in a
position to provide names and thus enable the Electoral Registration Officer to
send personalised correspondence to the resident requesting the necessary
information.

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.

Part E, page 10, February 2008


A
Further information on the monthly notice of alterations procedure can
be found in Part D, Monthly alterations to the register.

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.

3.9 Universities/further education establishments: It may be appropriate


for officers to attend university freshers weeks to encourage attendees to
complete an electoral registration form. Equally, it may be useful to establish
relationships with organisations or college staff responsible for assisting with
accommodation in order to obtain student details.

3.10 In universities or other educational establishments which cover more


than one registration area, Electoral Registration Officers may wish to
consider working with other, neighbouring Electoral Registration Officers.

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.

3.12 The wardens or owners help might also be enlisted to provide


information on any staff accommodation, such as flats or annexes, which will
also need to be canvassed.

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

Part E, page 11, February 2008


may also have information that Electoral Registration Officers would find
useful.

3.16 Citizenship ceremonies: Electoral Registration Officers may wish to


liaise with those with responsibility for citizenship ceremonies in order to get
rolling registration forms included in the welcome pack produced for the new
citizens, and may also seek to find out the addresses of the new British
citizens in order to ensure that these registration forms are completed and
returned.

A
For further consideration of citizenship and eligibility to register, see
Part B, Entitlement to register.

Other methods of reaching electors


3.17 Electoral Registration Officers must, by such other means as they think
appropriate, contact persons who do not have an entry in the register, as this
is one of the steps listed as part of the duty to take necessary steps to
maintain the register. 13 This wide-ranging duty applies at any time of the
year and is not confined to the canvass period.

3.18 During the canvass period, Electoral Registration Officers should


consider making contact with secondary schools and sixth-form colleges to
ensure that 16- and 17-year-olds are identified and made aware of the
electoral process, including how to register to vote. It may be appropriate for
Electoral Registration Officers or their staff to attend Local Democracy Week
or other school/college-based events and encourage attendees to complete
an electoral registration form. If possible, the Electoral Registration Officer
could consider taking an electronic copy of the register to any such events in
order to avoid duplicate registrations.

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.

3.20 There are also informal methods of obtaining information, such as


telephoning the householder or seeking information from a neighbour, which
may be appropriate in some circumstances. Sometimes personal canvassers
may speak to a person on the doorstep of a property who alleges that they do
not live at the property but who still provides them with verbal information. By
making and keeping detailed file notes, the accuracy of the information
obtained in this way can be verified. If possible, a cross-check should also be

13
Section 9A(2)(c), RPA 1983.

Part E, page 12, February 2008


made using another source. Alternatively, a letter confirming the information
received could be sent to the occupier of the property, stating who will be
registered in respect of that address.

Part E, page 13, February 2008


4 Integrity
4.1 The consideration of integrity issues is critical to the Electoral
Registration Officers ability to produce a complete and accurate register, and
also to the maintenance of absent voting records.

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 number of forms completed in the same hand


a large number of forms from the same property or an instance of
unlikely living arrangements (e.g. 10 people to a bed-sit property)
suspiciously high or low rates of return during the canvass period which
may imply that the canvasser is armchair canvassing or that the
canvasser or postman is not delivering the forms

4.3 It is important to consider the procedure for handling an absent vote


signature waiver. The Electoral Registration Officer has the power to waive
the signature requirement if they are satisfied that the applicant is unable to
provide a signature or consistent signature due to any disability or inability to
read or write. 14 The Electoral Registration Officer should consider taking
steps to ensure that a waiver request is genuine and not an attempt to by-
pass the security procedures.

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:

Forms should be carefully checked and registration staff fully briefed on


the need to be alert to any irregularities in registration or suspicious
forms.

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.

Part E, page 14, February 2008


Canvassers should also be trained to spot any matters of irregularity,
e.g. if they collect a form from a property which contains many more
names than they would expect from a property of that size.
Steps can be taken to prevent fraud by canvassers themselves (e.g. so-
called armchair canvassing) through close monitoring of their work.
Canvassers should be required to maintain records, including the date
and time of all visits that they make. Furthermore, staff should be made
aware that checks of their work will be undertaken, whether spot checks
and/or a check of a percentage of their total returns.
Applications for registration should be acknowledged on receipt. This
gives the person living at the address on the form a chance to object to
an application should someone have used their address for fraudulent
purposes.
An acknowledgement must be posted to the elector once a change to
the register has taken effect.
Electoral Registration Officers should consider telephoning or emailing
an applicant, where these contact details have been provided, if
clarification is needed on any details on an application for registration.
Nursing homes and rest homes merit special attention in respect of
advice to staff about the level of assistance they can give to residents.
Similar advice could also be given to home helps and other social
services staff.
Electors who are no longer resident should be removed from the
register, using the power to conduct a review where appropriate.
There is no legislation on the retention of registration forms, but good
practice advice would be to hold them for the life of the register. This
would enable checks to be carried out in the event of the identification of
clerical errors or a malpractice investigation.

4.6 In the event that an application for registration is deemed suspicious,


there are a number of courses of action that could be taken to verify the
application. The applicant may be contacted and asked to supply additional
information, or other records may be checked. Alternatively, the Electoral
Registration Officer may think it is appropriate to hold a hearing in order to
determine the entitlement of the applicant to be registered.

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).

Part E, page 15, February 2008


Liaison with the SPOC is advisable in any event, and should cover what
actions should be taken where any suspicions arise.

4.8 Documentation that the Electoral Registration Officer would need to


provide to the police if requested would include:

All papers received (including envelopes), sealed in a packet or


envelope. Handling of the documentation by staff should be kept to a
minimum.
Copies of the internal documents used to conduct internal checks (e.g.
council tax records).

4.9 Additionally, Electoral Registration Officers should alert the Commission


to any suspicious applications, as it holds records and considers patterns of
such occurrences.

Objections and reviews


4.10 The powers which allow objections to be made to a persons registration
before or after the entry is made, 16 as well as the powers allowing the
Electoral Registration Officer to conduct a review of entitlement to
registration, 17 are important tools in maintaining the integrity of the register.

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.

Part E, page 16, February 2008


Part F Special category electors
Contents
1 Introduction

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

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

4 Crown servants and British Council employees


Entitlement to register
Validity of declarations
Contents of Crown Servant declarations
Processing of declarations
Renewal of Crown Servant and British Council declarations
Inclusion on the register
Maintenance of records
Methods of voting

5 Declaration of local connection


Patients in mental hospitals
Remand prisoners
Homeless people
Residence on boats and houseboats and in other residences
Submission of declaration
Validity of declaration
Contents of declaration
Processing of declarations
Renewal of declarations
Inclusion on the register
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
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.

1.2 Special category electors are:

overseas electors, who can be defined as British citizens living outside


the UK
HM Forces service voters
Crown servants and British Council employees
declaration of local connection electors, who include people living in the
UK but who have no permanent address or have no residential address
anonymously registered electors, who can be defined as those who can
register anonymously because their safety would be at risk if they
appeared on the register using their name

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.

Part F, page 1, February 2009


2 Overseas electors
Who may register?
2.1 A British citizen living abroad is entitled to be registered as an overseas
elector if they satisfy one of two sets of conditions.

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

2.4 Only British citizens are entitled to be registered as overseas electors.


Other qualifying Commonwealth citizens, citizens of the Republic of Ireland
and citizens of European Union member states may only register for voting at
UK elections when they are resident in the UK.

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.

2.6 Electoral Registration Officers must maintain a stock of forms in order to


be able to respond to requests for applications and for the issue of
reminders. 3 There is no prescribed application or declaration form for
applications to be registered as an overseas elector. Some computer software

1
Section 1(3), RPA 1985.
2
Section 1(4), RPA 1985.
3
Regulation 4, RPR 2001.

Part F, page 2, February 2009


systems produce an application form/declaration for this purpose.
Alternatively, Electoral Registration Officers could produce their own forms.
Application forms for overseas electors should have absent voting application
forms attached to or included with them in order to allow electors to select
their method of voting at the same time as completing their registration
application.

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.

2.8 An overseas electors declaration must be signed and dated by the


applicant and must state: 4

1. the applicants full name and present overseas address


2. that the applicant is not resident in the UK
3. which of the two sets of conditions apply to the applicant:

a. in the case of the first set of conditions, the address in the UK at


which they were resident 5
b. in the case of the second set of conditions: 6

i. the date of the applicants birth


ii. the address in the UK at which they were resident, and
iii. the name and address of the parent or guardian on whose
registration in respect of that address they rely, and whether
the person named was a parent or guardian

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

2.10 The declaration must also state: 8

the date they ceased to be resident in the UK, or


in the case of a person relying on registration in pursuance of a service
declaration, the date they ceased to have a service qualification
whether the applicant was registered in pursuance of a service or other
declaration and no longer had connection with that address at the time at
which they were so registered

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.

Part F, page 3, February 2009


whether there has been a change to the applicants name since they
were last registered as an ordinary elector, and the reasons for any
change of name
whether the applicant has previously been registered in pursuance of an
overseas declaration and has not subsequently been registered as an
ordinary elector, and if so shall indicate when they were last so
registered as an overseas elector

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:

1. the applicant must: 9


a. state their passport number with its date and place of issue
b. if the applicant is not a bearer of a passport but was born in the UK
before 1 January 1983 state that fact, or
c. if neither (a) nor (b) applies, make a statement to that effect
indicating when and how they acquired the status of a British
citizen, together with the date, place and country of their birth, and

2. the declaration must be attested by a British citizen possessing a British


passport who is: 10
a. not resident in the UK
b. aged 18 years or over, and
c. not the spouse, civil partner, parent, grandparent, brother, sister,
child or grandchild of the applicant

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

their full name and address


that they are the bearer of a British passport which describes their
national status as British citizen and give their passport number, together
with its date and place of issue
that they are aged 18 years or over
that they are not resident in the UK on the date of the declaration
that they are not a close relative (i.e. not the spouse, civil partner,
parent, grandparent, brother, sister, child or grandchild of the applicant)
that to the best of their knowledge and belief the applicant is a British
citizen and is not resident in the UK on the date of the declaration

9
Regulation 18(5), RPR 2001.
10
Regulation 20(2), RPR 2001.
11
Regulation 20(4), RPR 2001.

Part F, page 4, February 2009


2.13 Where the applicant relies on the second set of conditions, they must
show their connection to their parent or guardian who appeared on the
register by supplying: 12

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

2.14 The declaration for all applicants must also state:

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.

2.17 Where a declaration is incomplete or incorrectly completed, the form


should be returned to the applicant without delay for further information.

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.

The 15-year period


2.19 The 15-year period begins from the last day that the elector was last on
a register of electors in the UK, either as an ordinary elector or as a service
voter. This date is not the date the register was first published but the date by
which the electors registration was removed by the publication of a register
which does not contain their name or when their name had been removed by
any notice of alteration. The date the elector left the UK is not relevant.

2.20 The applicants declaration is deemed to be made on the date that it is


dated. If a declaration is dated within 15 years of the last date the applicant
12
Regulations 18(6) and (7) and 19, RPR 2001.

Part F, page 5, February 2009


appeared on a register, the 15-year period requirement is fulfilled.
Additionally, the Electoral Registration Officer must have received the
application within three months of the date on which the declaration is made
or else it must be rejected. 13

2.21 Consequently, entries may be made or registration renewed after the


end of the 15-year period where the applicant meets the application deadline
as set out above. Accepted applications last for a full 12 months in all cases
unless: they have been cancelled by the elector; the elector is added as an
ordinary Parliamentary elector or in pursuance of a declaration other than as
an overseas elector; or it is found that the elector should never have been
registered through the above procedures (i.e. as a result of an objection or
review). 14

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.

Using an historic qualifying address


2.24 If the property that the applicant is using as their qualifying address in
the UK has been demolished, renumbered or split into smaller units, the
Electoral Registration Officer should create, for the exclusive purpose of
registering special category electors and in this particular instance overseas
electors, the qualifying address as stated on the register when they were last
resident in the UK. These addresses will only appear on the lists of overseas
electors and cannot be included on the register itself. Care should be taken to
ensure that any historic qualifying address being used for the registration of
an overseas elector and which is no longer a residential address is not
canvassed.

Applications for a different Electoral Registration Officer


2.25 If the registration address stated is not in the Electoral Registration
Officers area, the form must be forwarded to the relevant Electoral
Registration Officer without delay. This is important as the applicant may wish

13
Section 2(6), RPA 1985.
14
Section 2(2), RPA 1985.
15
Section 1(3)(c), RPA 1985.

Part F, page 6, February 2009


to register in time for a particular election in that area, or to make any postal or
proxy voting arrangements in time for an election.

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.

2.27 No further attestation is required on any renewal of an application to


register as an overseas elector, even where there is a break in the continuity
of registration as an overseas elector.

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.

Applications from those too young to appear on a register


2.29 In the case where an applicant relies on the second set of conditions and
a copy of the birth certificate has not been submitted with the application, this
must be requested. 17

2.30 An out-of-date passport will not invalidate the application.

2.31 Statements made should normally be accepted at face value unless


there is good reason for suspecting a false statement has been made.

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.

Part F, page 7, February 2009


2.35 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, together 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.

2.36 It is advisable to use email to seek further information wherever possible


as this can speed up communication. Email addresses should be requested
on applications or renewals, although it should be made clear that the
provision of this information is optional, and these contact details should only
be used for registration and electoral purposes.

2.37 Where an application is to be rejected because it does not conform to


the specified requirements, the declaration must be returned to the applicant
setting out the reason for its rejection. 19

2.38 Where an application is accepted, the applicant must be informed. 20


Some computer systems produce a letter of acknowledgement for this
purpose, but a simple letter will suffice. The applicant should also be notified
of the details of any postal or proxy voting arrangements made. Postage costs
can be reduced by combining the registration acknowledgement and any
absent vote acknowledgement.

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.

2.40 Where the applicant is currently registered as an ordinary elector at the


qualifying address stated in the declaration, the declaration should be treated
as a simultaneous request to be removed from the register as an ordinary
elector. The deletion of the previous registration and the addition as an
overseas elector will occur at the next register update (for further information
on monthly updates to the register, see Part D, Monthly alterations to the
register). Any absent voting arrangement made as an ordinary elector should
be cancelled.

19
Regulation 22, RPR 2001.
20
Regulation 22, RPR 2001.

Part F, page 8, February 2009


2.41 A declaration received later than three months after it was made must be
disregarded. 21 In these circumstances, the applicant should be notified of the
need to submit a fresh declaration.

Inclusion on the register


2.42 Applications determined as successful must be added to the register at
the next update to the register as discussed in Part D, Monthly alterations to
the register. Overseas applications are added as part of the monthly update
process and form no part of the annual canvass, although they may be added
as part of the annual revision of the register by 1 December.

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.

2.45 The Electoral Registration Officer is required to issue to overseas


electors a reminder of the need to make a fresh declaration if they wish to
remain registered as an overseas elector. 24 The reminder is required to be
issued to each overseas elector who may be entitled to renew their
declaration in the period beginning nine months after the date when the
existing entry on the register of the person in question first takes effect and
ending 10 months after that date. The reminder should indicate the deadline
date by which the declaration needs to be returned to the Electoral
Registration Officer to maintain the registration.

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.

Part F, page 9, February 2009


their registration has lapsed and that if they wish to be included on the register
for future elections it will be necessary to submit a fresh application.

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.

2.47 A reminder should not be sent to a person where the Electoral


Registration Officer has received information and is satisfied that:

the elector is no longer entitled to make the relevant declaration or no


longer wishes to be registered as an overseas elector
the period of 15 years since their registration as an ordinary or service
elector has expired, or
the elector has died

2.48 A record should be maintained by Electoral Registration Officers of the


date when each overseas elector is to be sent a reminder.

2.49 An acknowledgement of receipt of the application to renew must be sent


to the applicant, who should also be informed of any postal or proxy
arrangement. Where the proxy details on the renewal application remain
unchanged, there is no need to issue a further proxy paper.

2.50 An overseas electors declaration can be cancelled at any time by the


elector. The declaration can also be cancelled as a result of the objection or
review procedure outlined in Part D, Monthly alterations to the register, but
the basis on which the registration can be questioned must be that the
overseas elector should not have been registered at all rather than as a result
of any loss of eligibility during the 12-month period.

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.

Part F, page 10, February 2009


Absent voting
2.53 Overseas electors have the choice to vote by post or by proxy. Due to
the short time period available to post to and receive back from an overseas
address, the Commission recommends that overseas electors should
consider appointing a proxy to vote on their behalf unless they are satisfied
that their ballot will be able to be returned by the close of poll.

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.

2.56 Where a person ceases to be registered as an overseas elector, even


when they become an ordinary elector at the same qualifying address, any
proxy or postal voting arrangement should be cancelled. The appointed proxy
should also be notified of the cancellation. 26

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:

applications are filed with absent voting applications or separately


those with postal or proxy voting arrangements should be filed with the
remainder of the absent voting applications
records are going to be filed electronically
they are filed in alphabetical order or in order as they appear on the
register by polling districts, or
they are filed in monthly date order for renewal purposes

26
Regulation 59, RPR 2001.

Part F, page 11, February 2009


Compilation and listing of overseas electors
2.58 In addition to the inclusion of the names of overseas electors on the
register, a separate list (or lists) of overseas electors is to be compiled in
alphabetical order by surname within each constituency or part of a
constituency within each local authority area. Electoral Registration Officers
are required to publish this list by making available a copy at their offices at
the time when a new version of the register is published following the annual
canvass by 1 December each year. The list for each constituency, or part of a
constituency, is to remain published until the register is published on the
conclusion of the canvass the following year. 27 The list is not required to be
compiled in polling district order nor is it required to contain any elector
numbers. The list must specify both the qualifying address and the full
address outside the UK of each overseas elector. In the event that a revised
register is published during the year, a separate list of overseas electors is not
required to be prepared.

2.59 There is no requirement to produce an edited version of the list.

Issue and sale of the list of overseas voters

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.

Part F, page 12, February 2009


3 HM Forces service voters
Introduction
3.1 An HM Forces service voter is a person who is registered as a voter in
pursuance of an HM Forces service declaration. This declaration gives the
applicant the residence qualification required for registration and must be
accompanied by an application for registration.

3.2 Only a person having a service qualification can make a service


declaration. 29

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

3.4 A member of HM Forces is a person serving on full pay as a member of


any of the naval, military or air forces of the Crown raised in the UK. 30

3.5 The following do not qualify as a service voter:

persons serving only as a member of a reserve or auxiliary force (except


those serving during a period of emergency)
members of the regular army required, by the terms of their service, to
serve in Northern Ireland only

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.

3.8 The Commission continues to work with the Ministry of Defence to


maximise the registration of service voters. Each unit of the services has
designated one member of staff to be a Unit Registration Officer (URO) and
each base commander has been asked to give assistance to the URO and

29
Section 14(1), RPA 1983.
30
Section 59(1), RPA 1983.
31
Section 59(2), RPA 1983.

Part F, page 13, February 2009


other personnel in their unit to promote participation in the electoral process. 32
The duties of the URO include providing information to service personnel and
their dependants and acting as a liaison between the unit and local Electoral
Registration Officers.

i The Commission recommends that Electoral Registration Officers


who have any military establishments in their area make contact with
the UROs. If any problems occur with the registration of service
personnel, such as contacting service personnel currently registered or
gaining access to military establishments for the purposes of conducting the
canvass, Electoral Registration Officers should raise these issues with the
URO of the unit in the first instance. It should now be possible for Electoral
Registration Officers to contact a URO in any location, including overseas. To
ascertain who the URO is for any particular unit, the Ministry of Defence
recommends contacting the unit directly, initially through directory enquiries,
and then asking for information about the URO from:

Royal Navy First Lieutenants office


Army Adjutants office
RAF OC PSF (Officer Commanding Personnel Services Flight)

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.

Part F, page 14, February 2009


As a service voter
3.13 Service declarations by members of HM Forces and their spouse or civil
partner may be made at any time throughout the year. Applications are dealt
with under the rolling registration procedure. A service declaration should be
accompanied by an application to register, although in practice the two will
most often be combined.

Registration of service voters who are qualifying Commonwealth


citizens
3.14 A service declaration must state the address where the applicant is or
would have been living in the UK or, if they cannot give any such address, an
address at which they have lived in the UK. 34

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

Validity of service declarations


3.16 A service declaration for members of HM Forces or their spouses or civil
partners is valid for five years. 35 A service voter may, however, cancel their
declaration at any time. 36

3.17 An entry on the register as a result of a service declaration can be


deleted by the service voter submitting either another service declaration or
an application to be registered as an ordinary elector for the same or for a
different qualifying address, and the existing entry should be deleted on the
subsequent entry taking effect. Additionally, the Electoral Registration Officer
can remove the entry if it is found that the elector should never have been
registered through the above procedures (i.e. as a result of an objection or
review). 37

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.

Part F, page 15, March 2010


3.18 A person registered as a service voter is entitled to vote at all UK
elections. 38 Service voters who are also members of the House of Lords may
vote in local government and European Parliamentary elections only. Service
voters who are European Union citizens (and not citizens of the UK, Republic
of Ireland, Cyprus or Malta) are only entitled to vote in local government
elections.

3.19 A service declaration received by the Electoral Registration Officer later


than three months after it is dated must be rejected. 39 The applicant should be
informed and invited to submit a fresh declaration.

Contents of service declarations


3.20 Electoral Registration Officers may devise their own service declaration
form although they must accept any form produced by the applicant or others
as long as it contains the necessary information.

3.21 A service declaration must state: 40

the date of declaration


the applicants full name and address
that on that date the applicant is, or but for the circumstances entitling
that person to make the declaration would have been, residing in the UK
the address where the applicant is, or, as the case may be, would have
been residing in the UK, or if they cannot give such an address, an
address at which they have resided in the UK
that on the date of the declaration the applicant is a qualifying
Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of
a member state of the European Union
whether the applicant had on the date of the declaration attained the age
of 18 years and, if they had not, their date of birth
such particulars (if any) as are prescribed of the applicants identity and
service qualifications
the grounds on which a service qualification is claimed
information relating to the service in which they serve, their rank and
service number

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.

Part F, page 16, March 2010


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.

3.24 In all cases a service voter should be notified of either acceptance or


rejection of the declaration and should be informed of the grounds for
rejection. 41 The applicant should also be informed of any postal or proxy
appointment made, with a proxy appointment letter (proxy paper) also sent if
an appointment is made. Where the proxy does not live within the same
electoral area as that of the qualifying address of the applicant, a form should
be sent to the proxy to enable the proxy to apply to vote by post if they wish to
do so.

3.25 Successful service voter applications should be deemed to be a


simultaneous application for removal from the register as an ordinary elector.
The deletion as an ordinary elector and addition as a service voter should be
made on the same register update, whether by way of publication of a revised
version of the register or publication of a notice of alteration.

Renewal of service declarations


3.26 Where a person is registered in pursuance of an HM Forces service
declaration they are entitled to remain registered until the end of the five-year
period beginning with the date when the entry first takes effect.

3.27 The Electoral Registration Officer is required to issue to every service


voter a reminder of the need to make a fresh declaration if they wish to remain
registered as a service voter. 42 This should include a new declaration for the
service voter to complete.

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.

3.30 An acknowledgement of receipt of an application to renew registration


must be sent to the applicant, who should also be informed of any absent

41
Regulation 17, RPR 2001.
42
Regulation 25, RPR 2001.
43
Regulation 25(3)(b), RPR 2001.

Part F, page 17, March 2010


voting arrangements. Where the absent voter details on the renewal of
application remain unchanged, there is no need to issue a further proxy paper.

3.31 Where a declaration to renew is received too late to enable the


registration to be continued without a break, any postal or proxy voting
arrangement in respect of the earlier declaration would lapse. It would then be
necessary to issue a fresh notice of any proxy appointment based on the
absent voting details supplied on the later declaration.

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.

Inclusion on the register


3.32 It should be remembered that service voters should not be listed as
other electors as a matter of course, but only when they no longer have a
connection to their qualifying address other than the fact that they once lived
there.

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.

3.36 People qualified to be a service voter who have chosen to be registered


as ordinary electors should be included on the register in the same way as
any other ordinary elector.

44
Regulation 40, RPR 2001.

Part F, page 18, March 2010


Maintenance of records
3.37 The Electoral Registration Officer should determine the most suitable
system for maintaining and filing service applications, declarations and their
associated absent voting records. Consideration needs to be given to
whether:

applications are filed with absent voting applications or separately


those with postal or proxy voting arrangements are filed with the
remainder of the absent voting applications
records are going to be filed electronically
they are filed in alphabetical order or in order as they appear on the
register by polling district, or
they are filed in monthly date order for renewal purposes

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:

they are not a postal voter


they have appointed a proxy and that proxy has not applied to vote by
post

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.

Part F, page 19, February 2009


4 Crown servants and British Council employees
4.1 Crown servants and British Council employees employed in a post
outside the UK, together with their spouse or civil partner, are entitled to
register for all elections. 45 Such electors are required to submit a Crown
servant or British Council service declaration along with their application to
register, which should be combined into a single application form.

4.2 Forms are obtainable from the appropriate government department or


the British Council, and can also be found on the Electoral Commissions
website at www.aboutmyvote.co.uk. Electoral Registration Officers will need
to have ready access to these forms for the purpose of registering this
category of electors and for inviting annual renewals. The declaration for
Crown servants and British Council employees is different from that for HM
Forces and lasts for a different period of time.

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.

Part F, page 20, February 2009


As a Crown servant or British Council voter
4.8 Declarations by Crown servants and British Council employees and their
spouse or civil partner can be made at any time throughout the year.
Applications are dealt with under the rolling registration procedure. A Crown
Servant declaration needs to be accompanied by an application to register,
but in practice most application forms will contain both.

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

4.10 Declarations by Crown servants and British Council employees abroad


are initially to be submitted to the appropriate government department or the
British Council which will then forward them to the relevant Electoral
Registration Officer. 49 It is recommended that a space on the application form
is provided for a departmental stamp to be applied in order to ensure that this
requirement is complied with.

A
The Commission has produced an application form that may be used.
This is available from www.aboutmyvote.co.uk

4.11 An entry on the register in pursuance of a Crown Servant declaration


can be deleted by the elector submitting either another declaration, for the
same or for a different qualifying address, or submitting an application to be
registered as an ordinary elector for the same or for a different qualifying
address.

4.12 A person registered as a Crown servant or British Council employee


elector will be entitled to vote at all UK elections. 50 Crown servant or British
Council employee electors who are also members of the House of Lords may
vote in local government and European Parliamentary elections only. Crown
servant or British Council employee electors who are European Union citizens
(and not citizens of the UK, Republic of Ireland, Cyprus or Malta) may not vote
in UK Parliamentary elections.

4.13 A Crown Servant declaration received by the Electoral Registration


Officer later than three months after it is dated must be rejected. 51 The
applicant should be informed of the position and invited to submit a fresh
declaration.

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.

Part F, page 21, February 2009


Contents of Crown Servant declarations
4.14 Electoral Registration Officers may devise their own Crown Servant
declaration form although they must accept any form produced by the
applicant or others as long as it contains the necessary information.

4.15 A Crown Servant declaration must state: 52

the date of declaration


the applicants full name and address
that on that date the applicant is, or but for the circumstances entitling
that person to make the declaration would have been, residing in the UK
the address where the applicant is, or, as the case may be, would have
been residing in the UK, or if they cannot give such an address, an
address at which they have resided in the UK
that on the date of the declaration the applicant is a qualifying
Commonwealth citizen or a citizen of the Republic of Ireland
whether the applicant had on the date of the declaration attained the age
of 18 years and, if they had not, their date of birth
such particulars (if any) as are prescribed of the applicants identity and
Crown servant qualifications
the grounds on which a Crown servant qualification is claimed, and
information relating to their job: for Crown servants, the department in
which they work and their position; for British Council employees, a
description of their post

4.16 Any application form produced by the Electoral Registration Officer


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.

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.

Part F, page 22, February 2009


impact on the processing of their application to register and does not delay
their application.

4.19 In all cases a Crown servant applicant should be notified of either


acceptance or rejection of the declaration and should be informed of the
grounds for rejection. 53 The applicant should also be informed of any absent
voting arrangements made, with a proxy appointment letter (proxy paper) also
sent if an appointment is made.

4.20 Successful Crown servant elector applications should be deemed to be a


simultaneous application for removal from the register as an ordinary elector,
if such an entry remains on the current register. The deletion as an ordinary
elector and addition as a declaration voter should be made on the same
register update, whether by way of publication of a revised version of the
register or publication of a notice of alteration.

Renewal of Crown Servant and British Council declarations


4.21 Where a person is registered in pursuance of a Crown Servant
declaration they are entitled to remain registered until the end of the 12-month
period beginning with the date the entry first takes effect.

4.22 The Electoral Registration Officer is required to issue to every Crown


servant elector a reminder of the need to make a fresh declaration if they wish
to remain registered. 54 This should include a new declaration for the Crown
servant elector to complete.

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.

4.25 An acknowledgement of receipt of an application to renew registration


must be sent to the applicant, who should also be reminded of any absent
voting arrangements. Where the absent voter details on the renewal of
application remain unchanged, there is no need to issue a further proxy paper.

4.26 Where a declaration to renew is received too late to enable the


registration to be continued without a break, any absent voting arrangement in
respect of the earlier declaration would lapse. It would then be necessary to
issue a fresh notice of any proxy appointment based on the absent voting
details supplied on the later declaration.
53
Regulation 17, RPR 2001.
54
Regulation 25, RPR 2001.
55
Regulation 25(3)(a), RPR 2001.

Part F, page 23, February 2009


Inclusion on the register
4.27 It should be remembered that Crown servants should not be listed as
other electors as a matter of course, but only when they no longer have a
connection to their qualifying address other than the fact that they once lived
there.

4.28 Crown servant electors should be listed as other electors with no


address if the Crown Servant 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. 56

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:

applications are filed with absent voting applications or separately


those with postal or proxy voting arrangements are filed with the
remainder of the absent voting applications
records are going to be filed electronically
they are filed in alphabetical order or in order as they appear on the
register by polling district, or
they are filed in monthly date order for renewal purposes

56
Regulation 40, RPR 2001.

Part F, page 24, February 2009


Methods of voting
4.33 Crown servant electors who are able to attend their local polling station
at the time of an election may vote there if:

they are not a postal voter


they have appointed a proxy and that proxy has not applied to vote by
post

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.

4.36 A cancellation of a Crown Servant 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 Crown servant electors (registered by declaration) are able to vote
by post or proxy without the need for attestation.

Part F, page 25, February 2009


5 Declaration of local connection
Patients in mental hospitals
5.1 A person who is a patient in a mental hospital or an establishment
maintained wholly or mainly for the reception and treatment of persons
suffering from any form of mental disorder, whether or not they are detained
there, is entitled to register as an elector. 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. 57

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.

5.4 The Electoral Registration Officer is not required to canvass mental


hospitals and establishments for treatment of persons with a mental health
condition, nor institutions for the detention of remand prisoners, to identify
persons for registration purposes. 59 The Electoral Registration Officer should,
however, try to ensure that all eligible people are registered in such places as
part of their duty to maintain the registers. 60 One possible course of action
could be to provide such places with the relevant application forms and offer
guidance to the staff of those locations as to the registration requirements and
processes.

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.

Part F, page 26, February 2009


Homeless people
5.6 Any person who is resident in the UK but does not have a permanent
address or an address of any description can register by way of a declaration
of local connection.

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.

Residence on boats and houseboats and in other


residences
5.9 Any person who lives on a boat within the UK and who meets the age
and nationality criteria should be included on an electoral register after
completing the necessary registration process.

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.

5.13 At a by-election to the UK Parliament, Scottish Parliament or the


National Assembly for Wales, any declaration of local connection made by a
homeless person received during the period from the date of the vacancy to
63
Section 7B(4)(b), RPA 1983.
64
Regulation 26(2), RPR 2001.

Part F, page 27, February 2009


the close of nominations must include a statement that the applicant has
spent a substantial part of time during the past three months at or near to the
address at which they claim to be entitled to be registered. 65

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.

5.15 A declaration of local connection must be disregarded unless it is


received by the Electoral Registration Officer within a period of three months
from the date on which the declaration was dated. 68

Contents of declaration
5.16 A declaration of local connection must be signed and dated by the
applicant and state: 69

the applicants name in full


the date of the declaration
the address to which correspondence for them can be delivered or a
statement confirming that they are willing to collect correspondence from
the Electoral Registration Officer
the category in which their declaration falls, i.e. mental patient, remand
prisoner or person of no fixed address
if applicable, the address of the mental hospital or penal institution where
the person is resident
in the case of a person of no fixed address, the address of, or near, a
place where they commonly spend a substantial part of their time
the address at which the applicant would be residing if they were not a
patient or detained or, if they are unable to give such an address, an
address at which they have previously resided
any address at which the applicant is currently registered (if they have
ceased to reside at that address)
that they have attained 18 years of age or if not their date of birth
that they are a Commonwealth citizen or a citizen of the Republic of
Ireland or a citizen of a European Union member state, and

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.

Part F, page 28, February 2009


that the information supplied is true

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.

5.19 In all cases the applicant should be notified of acceptance or rejection of


the application and, where it has been rejected, should be informed of the
grounds for rejection.

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.

5.22 Reminders do not have to be sent to an elector where the Electoral


Registration Officer has received information that the person is no longer
entitled to make the relevant declaration or to a person who has already made
a fresh declaration. Electoral Registration Officers will need to maintain a
record of when reminders are to be sent to persons registered in pursuance of
a declaration of local connection. Failure to renew will result in the name of a
person being removed from the register at the expiry of 12 months from the
date on which their declaration became effective. Their names cannot be
retained on the register if they fail to respond.

70
Regulation 25, RPR 2001.

Part F, page 29, February 2009


5.23 The Electoral Registration Officer should consider which other methods
of obtaining a renewal may be appropriate in addition to simply sending a
renewal notice by post, taking into consideration the individual circumstances
of the elector. The use of a personal visit either by staff of the Electoral
Registration Officer or by council staff who regularly contact homeless
electors may be appropriate. Any person appointed as a proxy should be
contacted if no renewal is made to enquire about the circumstances of the
elector.

Inclusion on the register


5.24 All persons registered in pursuance of a declaration of local connection
giving an address in their declaration at which they have resided or would
reside but for their circumstances are to be included at the end of each
relevant part of the register under the heading other electors without an
address. 71 Their names are to be included in alphabetical order grouped
together with any service voters and overseas electors but before any
anonymously registered electors. 72

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.

Part F, page 30, February 2009


6 Anonymous registration
Introduction
6.1 Anonymous registration is available to people meeting certain statutory
requirements where, if their name or address were listed on the electoral
register, their safety would be at risk. Any other person in the same household
as a person at risk is also qualified to register as an anonymous elector.

Requirements for anonymous registration


6.2 An application for anonymous registration consists of a normal
application for registration accompanied by an application for anonymous
registration. It would be practical to combine the two as is usual practice with
other declaration applications. All applicants must meet the normal
requirements for registration (age, nationality, residence and not disqualified).

6.3 Applications must be signed and dated by the applicant and must
contain: 73

the applicants full name


their address
the reason for their application
evidence to support their application (a court document or an attestation
as described below)
evidence that the applicant is in the same household as a person who
meets the safety test (if they are not the person at risk themselves)
a declaration that:
the evidence to support their application is genuine
any evidence given when they are in the same household as
someone at risk is also genuine
the other information given is true, and
they are a citizen of the European Union or a Commonwealth country
as stated in the application

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.

Part F, page 31, February 2009


6.5 This is achieved by the applicant giving a reason for their application and
documentary evidence or an attestation in support of this reason. 75

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.

6.8 Anonymously registered electors are entitled to submit a


correspondence address which must be used for all future registration
correspondence if given. 77 It should also be used for election communications
such as poll cards. The use of this correspondence address does not apply to
the address to which postal ballot papers will be sent and therefore the postal
vote application will require any alternative address to be stated in the
relevant section.

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.

6.10 In determining an application, an Electoral Registration Officer has the


power to ask for more information on any requirement if they are not satisfied
that the applicant qualifies for registration. 78 Applications need not be
determined until the evidence or information is received. At all times, Electoral
Registration Officers should ensure that any procedure put in place is not
overly arduous for these vulnerable people, while ensuring the accuracy and
integrity of the register.

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.

Part F, page 32, February 2009


to note that applications should not be determined until the Electoral
Registration Officer has gathered the information required and has undertaken
the process of determination.

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.

6.13 Anonymous registration application details such as name and address


are not added to the lists of applications. 79 Anonymous applications are not
available for public inspection at any time. 80

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

6.15 The Electoral Registration Officer would be acting contrary to legislation


and thus in breach of official duty if a person was given an entry in the main
section of the register with their name and address if they had applied using
an anonymous application which did not pass the safety test (and they did not
then go on to apply as an ordinary elector), even if doing otherwise meant that
that person had no entry on the register at all. Consequently, an Electoral
Registration Officer is not in breach of official duty in not registering the
person following a failure of an anonymous application; however, the Electoral
Registration Officer should make a reasonable effort to obtain a new
application from that person.

6.16 If the anonymous application is rejected, the person is allowed to make a


new application for ordinary or anonymous registration if they wish.

79
Regulation 29(2B), RPR 2001.
80
Regulation 28(2), RPR 2001.
81
Section 9B(6), RPA 1983.

Part F, page 33, February 2009


6.17 When an anonymous application is received, all previous ordinary
applications either awaiting determination or determined but not added to the
register for that individual are suspended until the anonymous application is
determined. If the anonymous application is rejected then all previous
applications for registration are disregarded and no entry at all is made on the
register. 82

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.

6.19 If the anonymous registration application is rejected, no entry can be


made on the register for that elector either as an anonymous or ordinary
elector, not even based on any original canvass form or rolling registration
application. If the anonymous application is accepted, the original canvass
form is disregarded for that elector and only the anonymous entry shall apply.
This does not affect any other people on a canvass form; they should be
registered normally unless they also apply for anonymous registration.

6.20 If a person already has an entry on the register and an anonymous


application is accepted, the ordinary entry is removed and the anonymous
entry used instead. The existing entry is not removed unless and until the
anonymous application is accepted by the Electoral Registration Officer.
There is no flexibility to remove an existing entry from a register before the
anonymous application has been accepted. Any existing entry is removed at
the same time that the anonymous registration is added.

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.

6.23 Registration can be renewed annually for another 12-month period.


Renewals must contain the same level of evidence as original applications.
Applicants should therefore be advised to keep a copy of attestations or
copies of court documents for subsequent applications. It would be good

82
Section 9B(6), RPA 1983.
83
Section 9C, RPA 1983.
84
Regulation 25A, RPR 2001.

Part F, page 34, February 2009


practice to offer to copy any originals so that they can be returned and the
copy kept for reference. It is recommended that if the elector loses their
supporting documents, the Electoral Registration Officer supply a copy of any
document or attestation which is still in force to assist with any renewal.

6.24 Anonymous entries can be subject to Electoral Registration Officer


review. Further consideration of the review process is contained in Part D,
Monthly alterations to the register. If the Electoral Registration Officer
considers that such a person should not be or should never have been on the
register they can be reviewed. The name and address of the person is not
entered on the list of persons under review. Anonymous entries or
applications cannot be objected to under the objection procedure. 85

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.

Types of documents and attestation


6.26 The application must contain the electors reason as to why they are
applying for an anonymous entry. 88 The application must also be
accompanied by either a court order or an attestation. 89

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

6.28 The eligible court documents are: 92

an injunction for the purpose of restraining a person from pursuing any


conduct which amounts to harassment granted in proceedings under
Section 3 of the Protection from Harassment Act 1997 or under article 5
of the Protection from Harassment (Northern Ireland) Order 1997

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.

Part F, page 35, February 2009


an injunction granted under Section 3A(2) of the Protection from
Harassment Act 1997
a restraining order made under Section 5(1) of the Protection from
Harassment Act 1997, or under article 7 of the Protection from
Harassment (Northern Ireland) Order 1997
a restraining order on acquittal made under Section 5A(1) of the
Protection from Harassment Act 1997, or under article 7A(1) of the
Protection from Harassment (Northern Ireland) Order 1997
a non-harassment order made under Section 8(5)(b)(ii) of the Protection
from Harassment Act 1997
a non-harassment order made under Section 234A(2) of the Criminal
Procedure (Scotland) Act 1995
a non-molestation order made under Section 42(2) of the Family Law Act
1996, or under the Family Homes and Domestic Violence (Northern
Ireland) Order 1998

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.

6.30 The qualifying officers who may attest are: 95

a police officer of or above the rank of superintendent of any police force


in the UK
the Director General of the Security Service or the Serious Organised
Crime Agency
a director of adult social services or childrens services in England or a
director of social services in Wales
any chief social work officer in Scotland
any director of social services of a Health and Social Services Board or
executive director of social work of a Health and Social Services Trust in
Northern Ireland

6.31 It is recommended that the Electoral Registration Officer contact their


relevant directors and chief officers to alert them to their powers under the
anonymous registration process. They may wish to be aware of their
attestation powers and any guidance that their representative groups have
given on dealing with requests for attestation (such as from the Association of
Chief Police Officers for police officers). They may also know of
establishments (such as refuges) where people who may qualify for
anonymous registration visit or are resident.

93
Regulation 31J(2), RPR 2001.
94
Regulation 31J(3), RPR 2001.
95
Regulation 31J(4), RPR 2001.

Part F, page 36, February 2009


6.32 The attestation can come from one of the qualifying officers from a
different area than that in which the elector now lives and is registering. This
may often be the case where the applicant has moved to a new area to set up
home away from the cause of the risk to their safety. For example, an
attestation from one English local authority director of childrens services is
valid in every local authority area in Great Britain.

6.33 The attestation cannot be delegated from a qualifying officer to a more


junior person within their organisation and the attestation must be in writing
and signed by the qualifying officer.

Inclusion on the register and records of anonymous


electors
6.34 Once an anonymous application is accepted, an entry is made on the
register at the next register alteration or revision. Neither the name nor the
address of anyone accepted as an anonymous elector will appear on the
register. The entry for each person must consist of the elector number and the
letter N. The letter N can appear as an addition to the column for the normal
franchise or absent vote letters such as G or A, or the letter N could appear in
the name column if desired. These electors must be placed in the other
electors section at the end of the register and placed after all the other
declaration electors. 96 Part H, Access and supply, sets out an example
register layout which shows the options available.

6.35 Communications from the Electoral Registration Officer or the Returning


Officer should not be able to be used to identify those with an anonymous
entry. Items such as renewals, poll cards and postal votes should be in a
covering plain envelope.

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

6.37 When a person is entered in the record, a certificate of anonymous


registration must be issued. This must mention the area for which the
Electoral Registration Officer has responsibility, the electors name, qualifying
address, electoral number and date on which the registration took effect. It
must also state that the registration will end no later than 12 months from that
registration date if no renewal is made. 99

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.

Part F, page 37, February 2009


6.38 Anonymously registered electors may find it difficult to prove their
identity and in obtaining credit and financial facilities as they will not appear on
the register. The major credit reference agencies have introduced facilities to
assist in this matter but the choice of whether the information from the
certificate is given to the credit reference agencies is one for the anonymously
registered elector not the Electoral Registration Officer. The Commission has
provided some sample wording (below) for use in the compulsory certificate of
anonymous registration.

Certificate of anonymous registration

I, the Electoral Registration Officer for [name of area], certify that the person
named below has an anonymous entry.

Name:
Qualifying address:
Elector number:

This registration commenced on [date of register update or revision] and will


continue for 12 months unless cancelled by the elector or removed under any
enactment.

Signed:

[Name]
Electoral Registration Officer

Important information for anonymous electors.


Credit reference agencies, identity and political donations.

Credit and identity


The electoral register is used as an important part of proving your identity and
deciding on whether to give people credit facilities. As your name and address
will not appear on the register you may find it difficult to open a bank account
or make other financial arrangements. You may find it useful to contact the
credit reference agencies to add your name to their special anonymous
elector database. However, this will involve handing your details to a third
party. Remember that the decision on handing over your details is yours and
you should only consider this if you are confident about the process the
company has to keep your data secure.

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.

Part F, page 38, February 2009


Absent voting lists

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.

Access and supply issues


6.40 The record of anonymous entries is clearly a very sensitive document
and proper precautions must be made to ensure that there is no unauthorised
access to it.

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:

Returning Officers and referendum Counting Officers (provided with any


copy of the register or part of it) 102
in England and Wales, the jury service (on written request) 103
the security services, including GCHQ (provided with any register
request) 104
police forces (including the Police Information Technology Organisation
and the Serious Organised Crime Agency) (on request in writing from a
senior office as defined in the Regulations) 105

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.

Part F, page 39, February 2009


Methods of voting
Voting at the polling station
6.43 A poll card must be sent to all anonymous electors. There are
amendments to the prescribed form of poll card for anonymous electors and
these are shown on the form. The poll card will contain the electors number
but not their name or qualifying address. Poll cards must be sent even in
cases where a parish or community council has not asked for poll cards to be
sent to normal electors (as otherwise they cannot vote in person). The poll
card must state clearly that the elector must take this card to the polling
station otherwise they will not be able to vote.

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.

Voting by post or proxy


6.45 Applications for an absent vote must state that the elector has been
granted or has applied for anonymous registration. There is no requirement
for a reason for ballot papers to be sent to other addresses for such electors.

6.46 No reason is required for an elector with an anonymous entry making a


proxy application for a particular election. Applications for emergency proxies
due to a disability received after the normal proxy deadline do not have to be
accompanied by evidence or attestation but the applicant would still have to
state the grounds and time they became eligible for the late proxy.

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.

Miscellaneous provisions concerning anonymous electors


6.48 Anonymously registered people can donate to registered political parties
but they must provide the party with a copy of their certificate of anonymous
registration as proof of eligibility. 106 A registered political party may ask the
Electoral Registration Officer to confirm the validity of any certificate. The
elector details cannot be confirmed but the Electoral Registration Officer may
wish to confirm the format of their certificate and that the electoral number on
that certificate matches the register entry for an anonymous elector. The same
applies for other political donations which are regulated.

106
Section 65(2A), PPERA.

Part F, page 40, February 2009


6.49 The Electoral Registration Officer should ensure that any electoral
software system they use is capable of handling all of the procedures and
actions required for anonymous registration.

6.50 The Electoral Registration Officer should consider which establishments


or properties such as refuges may welcome anonymous registration forms
and additional information in order to ensure maximum registration as part of
the duty to maintain the register. Registration application forms could be sent
with a note explaining what this type of registration could mean for people in
these places.

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

Part F, page 41, February 2009


Part G Absent voting
Contents
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

2 Absent voting timetable


Timetable for absent voting
Deadlines for applications in advance of an election

3 Communicating absent voting information

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

7 Marking the polling station registers

8 Absent voting records and lists


Duty to maintain absent voting records and lists
Supply and inspection of absent voting records and lists
9 Integrity issues
Postal voting, houses in multiple occupation and other multi-
occupation establishments

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.

Content and supply of forms


1.3 The application form for an absent vote is not prescribed, although some
parts of the application require information to be presented in a specific
format.

1.4 There are a number of pieces of information that must be included on an


absent vote application by law. In normal circumstances, the application must
be made in writing and be dated, and include the following information:1

the full name of the elector


the address where the elector is (or has applied to be) registered to vote
the electors signature
the electors date of birth
whether the application is for a particular election, a particular period or
an indefinite period, and if it is for a particular period it should specify
that period
whether it is for Parliamentary elections, local government elections or
both
in the case of a postal vote application, the address where the postal
ballot pack should be sent, and if this is not the registered address, a
reason for the redirection
in the case of an application for a proxy vote, the full name and address
of the proxy
in the case of an application for a proxy vote, the grounds on which the
applicant claims to be entitled to a proxy vote

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.

Part G, page 1, February 2008


1.5 Where an applicant is unable to provide a signature, they must provide
reasons with their application for their request to have the signature
requirement waived, along with the name and address of any person who has
assisted them with the completion of the application.2 Further guidance on the
waiver procedure can be found in Section 6, Waivers, below.

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

the signature shall appear against a background of white unlined paper


of at least 5 cm long and 2 cm high, and
the applicants date of birth shall be configured numerically in the
sequence of day, month and year, i.e. DD MM YYYY

1.7 This provision is limited to requiring the information to be configured in


the above two ways. It does not mean that Electoral Registration Officers can
impose any other conditions on the way the information is configured, even if
to do so would make it easier to scan the identifiers: for example, the Electoral
Registration Officer cannot mandate a certain thickness or colour of paper for
an application. As long as the identifier fields feature the required contrast and
the application meets all of the other legislative requirements, the form must
be accepted.

1.8 An application for an absent vote does not have to be made on a


particular form, although in all circumstances the personal identifiers provided
must be clear and unambiguous by being configured as required by the
regulations. An application can be in the form of a letter, as long as it contains
all the information required in law for an application to be valid.

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.

Part G, page 2, July 2013


1.11 The design of absent vote application forms is crucial to facilitate the
provision and data capture of personal identifiers.

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.

1.13 In addition to those produced by Electoral Registration Officers, a


number of other organisations, including the Electoral Commission and
political parties, also provide application forms. The Commissions application
form is produced in a format agreed by the Ministry of Justice to ensure that
the identifiers can be scanned in correctly. Although the Commissions form
may differ slightly from those produced by individual councils or parties, it was
designed to meet, and passed, the requirements of all scanning companies.

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.

1.16 Electoral Registration Officers must supply, free of charge, a reasonable


quantity of absent vote application forms to people who wish to use them in
connection with an election,5 which includes political parties.

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.

Part G, page 3, July 2013


The Commission has agreed a Code of conduct relating to postal votes with
the major political parties. A copy of this Code is contained in the
Commissions Guidance for candidates and agents.

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.

1.18 Applications submitted as a scanned attachment to an email should also


be accepted, although there must be a signature on the attachment: an
application should only be accepted by email if it consists of the scanned
image of the signed application form. Whatever system is used for capturing
the identifiers, it must have the capacity for dealing with signatures that are
transmitted by these means.

1.19 All applications should be date-stamped upon receipt. This is particularly


important in the lead-up to an election. On the last day for submission of
applications ahead of a particular election, it is also advisable to record the
time of receipt, particularly in respect of any applications received after the
5pm deadline.

1.20 Electoral Registration Officers should have in place robust arrangements


for the transmission of application forms received at other premises operated
by the council that appointed the Electoral Registration Officer. If the premises
are linked by fax, this will be helpful, although a system should be in place to
ensure that the fax has been correctly transmitted and received. Such
arrangements will be of particular importance shortly before the deadline for
applications ahead of an election. All in-trays, post boxes and desks of absent
colleagues should also be checked at those times in order to ensure that no
forms are missed.

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.

Part G, page 4, July 2013


Processing absent vote applications
1.22 Absent vote applications should be processed as soon as practicable
after receipt. This will be of particular importance in advance of an election
where applications are received close to the deadline.

1.23 In an election period, Electoral Registration Officers may consider


making arrangements for additional staff to deal with any large volume of
absent vote applications received close to the deadline. Where any temporary
staff are used, training and precise instructions will need to be provided. There
will also need to be a clear route for staff to follow in order to get assistance
with difficult enquiries. It is important that all staff, in particular those who are
not experienced in processing applications, are aware of the statutory
requirements that they should be checking for in absent vote applications.

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.

1.27 The regulations allow Electoral Registration Officers to compare a


signature or date of birth on an absent vote application against any other
signature or date of birth that they may hold, or that is held by their employing

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.

Part G, page 5, July 2013


local authority or by the Returning Officer.8 It may be the case that an
Electoral Registration Officer will not hold a signature for an individual
applying for an absent vote and so there will be nothing to check the signature
against. Also, as the person signing the household canvass form does not
have to print their name, it is not always obvious who has signed the form, if
indeed the name of the person signing is actually included on the form. The
Electoral Registration Officer may, however, hold a rolling registration form for
a particular individual, which could be checked.

1.28 It is clearly for Electoral Registration Officers to determine how much


checking they wish to undertake to satisfy themselves as to the authenticity of
a signature, taking into account available resources and access to the
signatures held. If an Electoral Registration Officer does have any suspicions
about a particular application which can be substantiated, these should be
reported to the police. It might be helpful to reference the guidance documents
on fraud prevention produced by the Commission, the Association of Chief
Police Officers and the Association of Chief Police Officers in Scotland when
making the referral.

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.

1.30 Electoral Registration Officers are required to write to all applicants to


notify them as to whether their application has been accepted or rejected.9 If
an application is rejected, the Electoral Registration Officer must give the
reason(s) why it has been rejected.

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.

Part G, page 6, July 2013


I
Acknowledgements provide an opportunity to safeguard against
potential fraud, or misunderstanding on the part of the elector. If an
elector receives an acknowledgement for a postal vote that they have
not requested, receipt of the acknowledgement would give the elector an
opportunity to get in touch with the Electoral Registration Officer. All
responses, along with incidents of non-delivery, should be monitored and, if
suspicions are aroused, the police should be advised of the circumstances.

Applications received after the deadline for a particular election


1.31 Any absent vote applications received after the deadline for a particular
election must be disallowed for that election, and the elector notified of the
fact.10 If, however, it is a permanent application and the application meets all
the prescribed requirements, the elector should be advised that their
application will become valid for future elections. If the application is refused,
the Electoral Registration Officer must notify the applicant of the decision and
the reason for it.

1.32 At a UK Parliamentary election where the Electoral Registration Officer


is not also the (Acting) Returning Officer for all or part of the registration area,
details of postal applications which have been granted must be forwarded to
the (Acting) Returning Officer as soon as practicable.11

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.

Part G, page 7, July 2013


1.34 If there are several appeals, all made on the same or similar grounds,
the Electoral Registration Officer may group them when dispatching them to
the court or, in Scotland, the Sheriff.

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

Maintenance of the absent voting record


1.36 Electoral Registration Officers must require absent voters to provide a
fresh signature when the signature on their record is more than five years
old.14 This should be kept in mind when designing a filing or archiving system
for the identifiers.

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

Storage of absent vote applications


1.39 All personal identifier forms must be retained. These can be scanned
and stored electronically. It is recommended that Electoral Registration
Officers retain the original documents for a suitable period of time, the safest
option being until the elector is no longer an absent voter or until the
application is renewed and a new document has been received and stored.
After the date the absent vote is cancelled or after the election date if the
application is for a particular election, the original forms should be kept for a
further 12 months.

1.40 Retention of original documents is desirable in case of any police


investigations into electoral malpractice. On occasion, access to the original

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.

Part G, page 8, July 2013


documents will be preferable for handwriting and forensic analysis. It will also
be invaluable in the event where it is found that applications have not scanned
well.

Part G, page 9, July 2013


2 Absent voting timetable
Timetable for absent voting
2.1 Absent vote applications can be made at any time, and Electoral
Registration Officers should process all applications as soon as possible after
receipt. There are, however, deadlines in legislation by which absent vote
applications must have been received in order to apply at a particular election.

Deadlines for applications in advance of an election


2.2 Deadlines for absent vote applications are statutory.16 There can be no
extension to any of the deadlines for any reason. Applications received after
the closing date and time for a particular election cannot be accepted. In such
cases, applicants should be notified that their application was not received by
the statutory deadline and so cannot be allowed in respect of that election.

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.

2.4 The deadline for changes (including cancellations) to existing postal,


proxy and postal proxy applications is 5pm, 11 working days before the date
of the poll.18

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

2.7 There is also a provision which allows an elector to appoint a proxy in


the case of a medical condition, illness or disability arising after the deadline
for ordinary proxy applications, subject to the appropriate attestation being

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.

Part G, page 10, July 2013


provided.21 The closing date for this is 5pm on polling day.22 Mental health
patients who are detained under civil powers are also entitled to appoint a
proxy after 5pm on the sixth working day before the date of the poll up until
5pm on polling day.23

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.

Part G, page 11, July 2013


3 Communicating absent voting information
3.1 Electoral Registration Officers are responsible for taking such measures
as they consider necessary to publicise the availability of application forms
and to draw electors attention to the closing dates. Expenditure incurred on
these activities forms part of the cost of electoral registration and cannot be
reclaimed from the election account, even if it is incurred during the run-up to
an election. In contrast, the (Acting) Returning Officer is responsible for
publishing in the notice of election details of the closing dates for changing
existing absent voting arrangements and for new applications and the address
of the Electoral Registration Officer to which applications must be made, and
the cost of printing and publishing this notice is an election expense.

3.2 Promotional material about absent voting should provide information on


the absent voting processes. Many Electoral Registration Officers already
provide information about the absent voting processes either with application
forms or at council locations and on council websites.

3.3 In such cases, it is good practice to communicate clearly the deadlines


for the receipt of postal and proxy applications in relation to elections,
including that for making changes to any existing arrangement, and the time
at an election when the Returning Officer expects that postal ballot papers will
be sent out, bearing in mind that factors such as possible printing or postal
delays could result in papers arriving later than planned. This information can
assist electors, including those working overseas, in deciding whether postal
voting will be an appropriate way for them to choose to cast their vote.

3.4 Application forms should be made available as a matter of course at all


of the offices of the local authority and at other premises such as post offices,
libraries, doctors surgeries, Citizens Advice Bureaux, luncheon clubs and
pensioners clubs. Many local authorities now make their forms available to
download from their websites. Application forms are also available to
download from the Commissions website in a variety of languages and
formats.

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.

Part G, page 12, July 2013


4 Proxy voting
Proxy applications for a definite or indefinite period
4.1 There are a number of acceptable reasons in law in respect of which a
person can choose to apply to vote by proxy for an indefinite or definite period
of time. These reasons are:24

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

4.2 Proxy applications 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) and occupation/employment/
service/attendance on a course require attestation,25 and the reason why a
proxy vote is needed must be stated or indicated on the application.

Proxy applications for a particular election


4.3 Applications for a proxy vote for a particular election do not require
attestation, but the applicant must specify the circumstances by which they
cannot reasonably be expected to vote in person.26 This requirement does
not, however, apply to those registered in respect of an overseas electors,
service voters or Crown Servants declaration, where the Electoral Registration
Officer can be satisfied by the nature of their registration that they cannot be
reasonably expected to go to their allotted polling station.27 Also, this
requirement does not apply if the applicant is an anonymous elector.28 The
decision as to whether the reason given is satisfactory and that the elector
cannot reasonably be expected to vote in person is made at the Electoral
Registration Officers discretion, taking each case on its own merits.
24
Paragraph 3(3), Schedule 4, RPA 2000; Article 8(2), NAW (RoP) Order 2007; Article 9(3),
Scottish Parliament Order.
25
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.
26
Paragraph 4(2), Schedule 4, RPA 2000; Regulation 55(1), RPR 2001; Article 9(1), NAW
(RoP) Order 2007; Paragraph 6(1), Schedule 1, NAW (RoP) Order 2007; Article 10(2),
Scottish Parliament Order; Paragraph 5(1), Schedule 3, Scottish Parliament Order;
Regulation 10(1), RP (AV) (Scotland) Regulations.
27
Paragraph 4(2), Schedule 4, RPA 2000; Article 9(1), NAW (RoP) Order 2007; Article 10(2),
Scottish Parliament Order.
28
Paragraph 4(2A), Schedule 4, RPA 2000; Regulation 55(1A), RPR 2001; Article 9(2), NAW
(RoP) Order 2007; Paragraph 6(6), Schedule 1, NAW (RoP) Order 2007; Article 10(3),
Scottish Parliament Order; Paragraph 5(6), Schedule 3, Scottish Parliament Order;
Regulation 10(6), RP (AV) (Scotland) Regulations.

Part G, page 13, July 2013


Applying to vote by proxy
4.4 A proxy vote application must be made in writing, but can be in any
format: a letter, a fax, an email with the electors scanned signature and a
proxy application form are all acceptable, as long as the application contains
the necessary information as set out in law, including meeting the requirement
that the personal identifiers (the applicants signature and date of birth) are
configured as specified in the regulations.29

4.5 The following information must be included in a proxy vote application in


order for it to be valid:30

the full name of the elector


the electors date of birth
the electors signature
the address in respect of which the applicant is (or has applied to be)
registered to vote
the grounds on which the elector claims to be entitled to vote by proxy
the full name and address of the proxy
the family relationship between the elector and proxy (if any)
whether the application is for a particular election, a particular period or
an indefinite period, and if it is for a particular period it should specify
that period
whether it is for Parliamentary elections, local elections or both
the date of application

4.6 The applicant must also either:31

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.

Part G, page 14, July 2013


postal vote, they will also have to supply their identifiers.33 Table 1 illustrates
the identifier requirements.

Table 1: Identifier requirements


Method of voting Identifiers required
Elector Person appointed as proxy
Proxy to vote at polling station Yes No
Proxy to vote by post Yes Yes

4.8 Where an applicant is unable to provide a signature, they must provide,


together with their application, reasons for their request to have the signature
requirement waived, along with the name and address of any person who has
assisted them with the completion of the application.34

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.

Part G, page 15, July 2013


a registered medical practitioner or registered nurse treating the
applicant for their disability or from whom the applicant is receiving care
in respect of that disability
a Christian Science practitioner treating the applicant for their disability
or from whom the applicant is receiving care in respect of that disability
a person registered as a member of a profession to which the Health
Professions Order 2001 applies (i.e. arts therapists, chiropodists, clinical
scientists, dieticians, medical laboratory technicians, occupational
therapists, orthoptists, paramedics, physiotherapists, prosthetists and
orthotists, radiographers, and speech and language therapists) treating
the applicant for their condition or from whom the applicant is receiving
care in respect of that disability
a registered dentist, dispensing optician, optometrist, pharmaceutical
chemist, osteopath or chiropractor treating the applicant for their
disability or from whom the applicant is receiving care in respect of that
disability
the manager of a care home service registered under Part 2 of the Care
Standards Act 2000 in England and Wales and under Part 1 of the
Regulation of Care (Scotland) Act 2001
the warden of residential premises provided for persons of pensionable
age or disabled persons, where the applicant states that they reside in
such an establishment
the manager (or their authorised representative) of a hospital registered
in accordance with Section 145 of the Mental Health Act 1983 in
England and Wales and Section 329 of the Mental Health (Care and
Treatment) (Scotland) Act 2003
a registered social worker who has arranged care or assistance for the
applicant
a registered chartered psychologist who is treating the applicant for their
condition or from whom the applicant is receiving care in respect of that
disability

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:

are in receipt of the higher rate of the mobility component of a disability


living allowance
the enhanced rate of the mobility component of personal independence
payment
have the armed forces independence payment

because of the disability or medical condition specified in their


application does not require attestation of their application.38 Only the
37
Regulation 53(5)(a), RPR 2001; Paragraph 4(5)(a), Schedule 1, NAW (RoP) Order 2007;
Paragraph 3(6)(a), Schedule 3, Scottish Parliament Order; Regulation 8(6)(a) and (7), RP
(AV) (Scotland) Regulations.
38
Regulation 53(5)(b), RPR 2001; Paragraph 4(5)(b), Schedule 1, NAW (RoP) Order 2007;
Paragraph 3(6)(b) Schedule 3, Scottish Parliament Order; Regulation 8(6)(b), RP (AV)
(Scotland) Regulations.

Part G, page 16, July 2013


first bullet point, however, applies to elections to the Scottish Parliament
or in Scottish local government elections.

4.13 In all circumstances, except for an application made by an elector


detained in a hospital under Section 145 of the Mental Health Act 1983 in
England and Wales and Section 329 of the Mental Health (Care and
Treatment) (Scotland) Act 2003, the person attesting the form must also state
their name and address, the qualification held by virtue of which they are
attesting the application, and that to the best of their knowledge and belief the
applicant cannot reasonably be expected to go to the polling station or to vote
there unaided by reason of their disability and that the medical condition or
disability is likely to continue either indefinitely or for a period specified by the
attestor.39

4.14 Where an application is made by an elector detained in a hospital under


Section 145 of the Mental Health Act 1983 in England and Wales and Section
329 of the Mental Health (Care and Treatment) (Scotland) Act 2003, the
person attesting the form must also state their name, the position held in the
hospital, a statement confirming that they are authorised to make the
attestation, details of the statutory provision under which the applicant is liable
to be detained, and that to the best of their knowledge and belief the applicant
cannot reasonably be expected to go to the polling station or to vote there
unaided by reason of their disability and that the medical condition or disability
is likely to continue either indefinitely or for a period specified by the attestor.40

Occupation/employment/service voter/attendance on a course


4.15 Forms should be attested:41

by the applicants employer or an employee delegated to do so on the


employers behalf, or
if the applicant is self-employed, by a person aged 18 years or over who
knows the person but is not related to them, or
if the applicant is attending a course, by the tutor of that course or the
principal of the educational institution where the course is taking place,
or an employee delegated to do so on the principals behalf

Qualifications for acting as proxy


4.16 Any person is capable of being appointed to vote as proxy for another, as
long as they are of voting age and are a British citizen, a qualifying
Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of

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.

Part G, page 17, July 2013


another European Union member state, and are not subject to any legal
incapacity to vote.42

4.17 There is no requirement for a proxy to be a registered elector.

4.18 A person is not entitled to vote as proxy in any constituency or electoral


area on behalf of more than two electors, except where they are the spouse,
civil partner, parent, grandparent, brother, sister, child or grandchild of the
electors.43 There is no limit to the number of these close relatives that a proxy
may vote on behalf of.

4.19 It is not an offence to be appointed as proxy by more than two people


but it is an offence to vote for more than two people who are not close
relatives (as defined above).

Acknowledging proxy and postal proxy applications


4.20 When an Electoral Registration Officer has granted an application to
vote by proxy they must confirm in writing to the elector that the proxy has
been appointed, the name and address of the proxy and the duration of their
appointment.44 A proxy must also be notified of their appointment.45 The form
of the proxy paper for this purpose is prescribed.46

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

Voting by post as proxy


4.22 Those appointed as a proxy can choose to vote by post.48 Electoral
Registration Officers may wish to consider sending application forms for this

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.

Part G, page 18, February 2008


purpose when notifying the proxy of their appointment. The application made
by the proxy to vote by post must meet the same prescribed requirements as
for any application to vote by post, including the requirement to provide
personal identifiers, all of which are outlined in Section 5, Postal voting,
below. In addition to meeting the prescribed requirements and being satisfied
that the elector is or will be on the register of electors, the Electoral
Registration Officer must also be sure that there is in force an appointment of
the applicant as the electors proxy in order to grant the application to vote by
post as proxy.49

Changing or cancelling proxy arrangements


4.23 An elector can apply to the Electoral Registration Officer at any time to
cancel their proxy vote.50

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

4.27 Where any elector ceases to be registered in respect of the same


qualifying address, or becomes registered by way of a declaration instead of
as an ordinary elector or vice versa, any absent voting arrangements linked to
the registration end.55

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.

Part G, page 19, July 2013


4.28 A voter who has appointed a proxy can subsequently change to vote by
post on submission of an application to the Electoral Registration Officer
which meets the prescribed requirements.56

56
Paragraph 3(7), Schedule 4, RPA 2000; Article 8(7), NAW (RoP) Order 2007; Article 9(6),
Scottish Parliament Order.

Part G, page 20, July 2013


Proxies for medical emergencies

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.

Part G, page 21, July 2013


granting of the application, or the last such enquiry.58 This should be part of
the monthly office procedure following the published monthly update.

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.

Part G, page 22, July 2013


5 Postal voting
5.1 There are no restrictions on who can apply to vote by post. Any elector
can choose to apply to vote by post if they so wish, provided that they are
registered to vote or have applied to be so registered.61 Additionally, any
person appointed as a proxy can apply to vote as proxy by post.62

Applying to vote by post


5.2 A postal vote application must be made in writing, but can be in any
format: a letter, a fax, an email with a scanned signature or an absent vote
application form are acceptable, as long as the personal identifier information
is clear and unambiguous and is provided in the format prescribed in the
regulations and as explained in Section 1, Applications, above.

5.3 The following information must be included in a postal vote application in


order for it to be valid:63

the full name of the elector


the electors date of birth
the electors signature
the address where the elector is (or has applied to be) registered to vote
the address to which the ballot paper should be sent, and if this is a
different address from that at which the elector is registered (or has
applied to be registered) to vote, a reason for that redirection must be
supplied64
whether the application is for a particular election, a particular period or
an indefinite period, and if it is for a particular period it should specify
that period
whether it is for Parliamentary elections, local elections, or both

5.4 The application must also be dated by the applicant.

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).

Part G, page 23, July 2013


Advising applicants of the outcome of postal vote
applications
5.6 Electoral Registration Officers are required to write to all applicants to
notify them as to whether their application has been accepted or rejected.66
This is a requirement even if the application is received close to the deadline
for a particular election and regardless of whether the application is for one
election, a particular period or indefinitely. Where the elector has requested to
have their postal vote redirected and this has been granted, this must also be
stated in the acknowledgement.67 It is good practice where possible to
acknowledge postal vote redirection requests to both the registered and
redirection addresses.

Redirection of postal ballot papers


5.7 On applying for a postal vote, a request can be made for postal ballot
papers to be sent to a different address from the qualifying address, as long
as they provide a reason why their circumstances are or are likely to be such
as to require their ballot paper to be sent to that address.68

5.8 The regulations make no provision for an Electoral Registration Officer to


reject an application if they are not satisfied with the explanation provided for
requesting redirection. This being the case, it is recommended that for the
purposes of determining applications the Electoral Registration Officer should
accept postal vote applications at face value if an explanation for redirection is
given. It should be noted that the regulations provide that the elector must
explain why their circumstances are such that they wish an alternative
address to be used: they cannot simply say, for example, because I prefer it
that way.69

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.

5.10 Levels of proxy and postal redirections should be monitored and


applicants asked for more information if necessary.
66
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.
67
Regulation 57(4A), RPR 2001; Paragraph 8(5), Schedule 1, NAW (RoP) Order 2007;
Regulation 12(5), RP (AV) (Scotland) Regulations.
68
Regulation 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.
69
Regulation 51AA(2) and 51(1B)(1), RPR 2001; Paragraph 1(7) and (8), Schedule 1, NAW
(RoP) Order 2007; Paragraph 2(3), Schedule 3, Scottish Parliament Order; Regulations 5(2)
and 6(1), RP (AV) (Scotland) Regulations.

Part G, page 24, July 2013


I
It is important for Electoral Registration Officers to be vigilant as
regards emerging patterns of applications, particularly where there is a
request for redirection to an address other than the address at which
the elector is registered. If the reason for any particular application does
cause suspicion because of its nature, or because of other circumstances
linking the application to others in the area or to a particular address, this
should be reported to the police, even though the Electoral Registration
Officer may have no grounds on which to reject such applications. In
particular, it is recommended that the Electoral Registration Officer agree with
their police SPOC a threshold number of applications being directed to any
one address, and consider notifying the police if this threshold is reached.

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.

Changes or cancellation of postal voting arrangements


5.12 An elector can apply to the Electoral Registration Officer at any time to
cancel their postal vote.70

5.13 Where any elector ceases to be registered in respect of the same


qualifying address, or becomes registered by way of a declaration instead of
as an ordinary elector or vice versa, any absent voting arrangements linked to
the registration end.71

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

5.15 A postal voter can subsequently change to vote by proxy on submission


of an application to the Electoral Registration Officer which meets the
prescribed requirements.73

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.

Part G, page 25, July 2013


6 Waivers
6.1 Where an applicant is unable to provide a signature, they may request
that the Electoral Registration Officer waive the requirement for a signature to
be provided. Any such request must include the reason(s) for the request
along with the name and address of any person who has assisted the
applicant with the completion of the application.

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.

Part G, page 26, July 2013


Electoral Registration Officer could provide this in the form of a simple
declaration that could be signed by the person assisting the elector.

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.

Such a declaration could take the following form:

Example box 1: Sample declaration

The elector named above is unable to provide a consistent signature owing to:

a disability
an inability to read or write

Name of person assisting the elector.


Address of person assisting the elector.
Signature of person assisting the elector..
Date of declaration

Note: It is an offence to provide false information to an Electoral Registration


Officer in connection with an application for a postal or proxy vote.

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).

6.9 Any Electoral Registration Officers considering preparing forms and


declarations to be completed by the elector themselves should bear in mind
that if an elector is unable to provide a signature or a consistent signature it
may be the case that the elector would be unable to complete any additional
forms and that to issue such forms may cause distress or confusion. Electoral
Registration Officers have no power to investigate or make medical
judgements on the nature or extent of an electors disability.

6.10 Some Electoral Registration Officers may be considering using an


attestation system to provide assurance as to the veracity of the request for a
waiver. We recognise that such an attestation is specifically provided for in the
case of a permanent proxy as the means by which the Electoral Registration
Officer should satisfy themselves, but no such provision has been included for
an absent voter identifier waiver, and so the Commission does not
recommend the use of such an attestation.

6.11 Electoral Registration Officers have no ability to investigate waiver


applications. It is the Commissions view that the Electoral Registration

77
Sections 13D and 62B, RPA 1983; Article 14, NAW (RoP) Order 2007; Article 28, Scottish
Parliament Order.

Part G, page 27, July 2013


Officers power in determining a waiver application is limited to the taking of
reasonable steps to satisfy themselves that the applicant is unable to provide
a signature or a consistent signature due to their disability or an inability to
read or write, as outlined above.

6.12 It is important for Electoral Registration Officers to remember that the


decision to grant a waiver is theirs, and if they are not satisfied as to the
authenticity of the request following any appropriate enquiry, it should be
refused. If a waiver request is refused, then the absent vote application must
be rejected and the applicant notified in writing of the reasons for the decision.
If, however, the Electoral Registration Officer is satisfied as to the waiver and
the accompanying absent vote application, then confirmation of its acceptance
must be given in writing to the elector.

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.

Part G, page 28, July 2013


7 Marking the polling station registers
7.1 After all allowable applications have been processed and the sixth day
before the poll has passed, the Electoral Registration Officer should prepare
the electoral registers which are to be used in the polling stations at that
election.

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.

7.5 No marks need to be inserted in the polling station registers in respect of


proxies. A separate list of proxies must be prepared, containing those electors
who have appointed a proxy and the names and addresses of those
appointed as their proxies.79

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.

Part G, page 29, July 2013


8 Absent voting records and lists
Duty to maintain absent voting records and lists
8.1 The Electoral Registration Officer is required to keep records of those
applications for absent votes that have been granted. Three separate records
are required, as follows:80

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.

Supply and inspection of absent voting records and lists

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.

Part G, page 30, July 2013


9 Integrity issues
9.1 Electoral Registration Officers and Returning Officers are uniquely
placed to identify incidents and patterns of activity that might indicate electoral
malpractice.

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:

The Returning Officer has no duty to investigate electoral offences and


no resources to do so either. More to the point the Returning Officer
has no power to investigate. 81

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.

Postal voting, houses in multiple occupation and other


multi-occupation establishments
9.5 There is a perception that electoral fraud can be more easily perpetrated
in houses in multiple occupation and other multi-elector establishments. One
possible example of such a perception would be any fear expressed that
residents in nursing homes, care homes and other sheltered accommodation
who rely on carers for assistance might be unduly influenced or have their
vote stolen.

9.6 Some Electoral Registration Officers have recognised that visiting


domiciliary and care staff may be asked to assist with completing applications
for absent votes, and that each will have access to numerous electors. There
may therefore be some benefit, if only for the avoidance of doubt, in offering
advice to such care staff as to the response they should give if approached by
such electors. In particular, it should be made clear that a power of attorney
does not allow someone to vote on behalf of another person.
81
Paragraph 139 of the full judgment, In the matter of a local government election for the
Bordesley Green Ward of the Birmingham City Council held on 10 June 2004 and in the
matter of a local government election for the Aston Ward of the Birmingham City Council held
on 10 June 2004. See www.hmcourts-service.gov.uk/cms/2384.htm

Part G, page 31, July 2013


10 Resources
Instructions to temporary staff involved in the receipt and
checking of absent vote application forms
1 In order to meet the statutory deadlines and ensure that all postal ballot
papers are sent to the correct address, it is vital that all application forms are
checked in detail and that any questions are referred to your supervisor.
Please do not assume anything.

2 On receipt, all application forms should be date-stamped and have the


time of receipt added if this is critical. The deadlines for receipt are 5pm, 11
working days before the date of the poll for postal vote applications and 5pm,
six working days before the poll for new applications to vote by proxy. If
application forms are delivered by hand, the applicant could be asked to
remain while the application form is checked.

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.

7 Check the ballot paper address. A reason should be supplied if an


elector wants their ballot paper sent to a different address from their
registered address. If no reason is supplied, the application must be rejected.
Inform the elector by letter. If you are not sure whether the reason is valid, ask
your supervisor.

Part G, page 32, July 2013


8 Although ballot papers can be sent abroad, the elector often has little or
no understanding of the timescales around the printing and issue of postal
votes. Good practice would suggest a telephone call to confirm their
understanding that there cannot be a guarantee that their ballot papers will
reach a foreign destination in time to be completed and returned by polling
day and to inform the elector of the alternative process of voting by proxy.

9 If no ballot paper address is shown, it is reasonable to assume that the


elector wishes the ballot paper to be sent to the qualifying address and to
allow the application on that basis.

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.

11 Occasionally, application forms are received showing both a ballot paper


address and the name and address of a proxy, including the proxys assent.
This usually results from the elector failing to understand the difference
between a postal and a proxy vote, and simply filling in all the boxes. Very
occasionally, this double entry can be the electors way of telling the Electoral
Registration Officer that the proxy wishes to vote by post. Forms completed in
this way must always be referred to your supervisor, who will make contact
with the elector by telephone or letter and take the appropriate action
depending upon the information received.

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

Part G, page 33, July 2013


(c) those forms that are applications for a proxy 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.

16 The letters relating to applications in category (a) above must be


processed first and the letters posted by first class post that day where
possible.

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.

18 File the forms in category (a) on the queries file in polling


district/alphabetical surname order.

19 File the forms in categories (b) and (c) in the appropriate polling district
folder in order of elector number.

20 File the forms in category (d) in the temporary file in polling


district/alphabetical surname order.

21 Forms for a particular election received after the closing date/time must
be refused. Inform the elector by letter.

22 Forms for an indefinite/definite period received after the deadline for a


particular election can be accepted for future elections. 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.

Part G, page 34, July 2013


Part H Access and supply
Contents
1 Introduction

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

4 Supply and sale of the full, edited and marked register


Security of data in transit
Free supply on publication
Free supply on request
Juries Act 1974
Other bodies applying for the register
Sale of the full register
Sale of the edited register
Restrictions on use of the full register
The marked register
Recording sales of the register

5 Old copies of the register

6 Absent voting records and lists


Supply of the absent voting records and lists to candidates,
election agents, registered political parties and elected
representatives
Inspection of absent voting records and 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.

Part H, page 1, August 2009


2 Publication
The full register of electors
2.1 A revised register of electors must be published by 1 December each
year. 5 If, however, there has been an election during the canvass period, the
revised register for the whole of the Electoral Registration Officers area must
be published by 1 February. 6 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. 7

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

UK or European Parliamentary elections


Scottish Parliamentary or National Assembly for Wales elections
Local government - principal area elections
Local government - parish and community council elections in England and
Wales

2.2 Publication is defined as making available for public inspection, under


supervision, at the Electoral Registration Officers office and at such other
places, if any, in their registration area that will allow members of the public
reasonable facilities for that purpose. 9

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.

Part H, page 2, August 2009


2.5 Electoral Registration Officers must also publish monthly notices of
alteration on the first working day of every month from January until September.
These must account for any additions, deletions and amendments which must
be made to the register. These monthly notices of alteration are not required to
be published during the annual canvass period.

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.

2.6 Electoral Registration Officers also have a duty to publish a notice of


alteration for any area in which a notice of election has been published,
incorporating the changes resulting from applications received up to 11 days
before the election. This is commonly known as the 11 day rule and only
applies in respect of the part(s) of the registration area in which the election is
due to take place. Elections also require the publication of a notice of alteration,
which corrects any clerical errors identified and implements any court
(registration appeals) decisions received up to 9pm on polling day.

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.

Part H, page 3, August 2009


listed in the main body of the register listed by surname in alphabetical order,
followed by any anonymously registered electors.

2.11 Table 1 shows some of the formatting for a register and its explanation in
the right-hand column.

Table 1: Sample electoral register

Elector Franchise Name Address Description (not


number marker shown on register)
1 Bishop, Laura 1, The Street Ordinary elector; can
vote at all elections
2 12/6/yyyy Juba, 2, The Street Attainer; can vote if poll
Charlotte is on or after date shown
3 G Myers, Martin 2, The Street Local government
elector only
4 K Mackenzie, 3, The Street Local government and
Scott European Parliamentary
elector only
5 L Evans, 4, The Street Cannot vote at a UK
Gwyneth Parliamentary election

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)

Part H, page 4, August 2009


The edited register of electors 14
2.12 This is a version of the register that is available for general sale and can
be used for any purpose, e.g. commercial activities such as marketing. Electors
can choose not to appear on the edited version of the register, and the canvass
form and rolling registration application forms contain a tick box for this
purpose.

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.

Part H, page 5, August 2009


3 Inspection
The full register of electors
3.1 The full register must be made available for public inspection, under
supervision, at the Electoral Registration Officers office and at such places, if
any, in their registration area that will allow members of the public reasonable
facilities for that purpose. 17

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.

3.3 Supervision is designed to discourage large-scale hand-copying of the


registers or any other attempt to subvert the rules. 18 It is an offence to make
copies of the full register, other than by handwritten notes. 19 It is an offence to
use any handwritten notes for marketing purposes. 20

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.

Part H, page 6, August 2009


they are concerned that they have not taken the necessary steps to avoid a
breach of the regulations.

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.

The edited register of electors


3.7 There are no restrictions on access to the edited register. No supervision
is required and so it may be made available for public inspection at any place
the Electoral Registration Officer sees fit.

Inspection of marked registers and marked absent voter


lists
3.8 The marked register is a copy of the register used in polling stations which
is marked when electors vote. The marked absent voter lists are the equivalent
documents for those who have voted by post or by proxy.

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

specify which register or document they wish to inspect


state whether they wish to inspect a printed or data copy (where
appropriate)
state why inspection of the full register or unmarked lists would not be
sufficient to achieve the purpose
state who will be inspecting the documents, and
state the date on which they wish to make the inspection

22
Regulation 109A, RPR 2001; Regulation 108A, RPR (Scotland) 2001.
23
Regulation 118(1), RPR 2001.
24
Regulation 118(2), RPR 2001.

Part H, page 7, August 2009


3.10 The documents must be made available within 10 days of receipt of the
application. 25 The Electoral Registration Officer must arrange for them to be
inspected under supervision and for a reasonable amount of time.

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.

Part H, page 8, August 2009


4 Supply and sale of the full, edited and marked
register
4.1 Access to the full electoral register is limited to those prescribed in
legislation.

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.

4.3 Unless stated otherwise, any duty on Electoral Registration Officers to


supply data only imposes a duty to supply data in the form in which they hold it.

Security of data in transit


4.4 Due to the nature of the information contained within the register, proper
caution should be exercised when sending this data to any of the entitled
recipients.

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:

Electoral Registration Officers may wish to save electronic copies, either


sent by email or saved to disk, in a password-protected or encrypted
format with the relevant password or encryption key being sent in a
separate communication.
Electoral Registration Officers may wish to consider the range of different
secure delivery options provided by Royal Mail and other delivery
services.

4.6 If Electoral Registration Officers do wish to use any form of encryption,


they should ensure that any recipient can access the data appropriately.

Free supply on publication


4.7 Following the publication of the register by 1 December each year
following the annual canvass (or by 1 February if there has been an election
during the canvass), Electoral Registration Officers have a duty to supply full
copies of the electoral register free of charge to:

28
Regulations 94 to 109A, RPR 2001; Regulations 94 to 108A, RPR (Scotland) 2001.

Part H, page 9, August 2009


e
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 England

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

4.8 Supply to these organisations is automatic on publication: they are not


required to make an application.

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

Free supply on request


4.11 Those organisations and individuals shown in the table in Section 8,
Resources, below, as not being supplied with the register automatically are
only entitled to it on request.

29
Regulations 97, 97A and 97B, RPR 2001; Regulation 96, RPR (Scotland) 2001.

Part H, page 10, August 2009


4.12 Such requests must be made in writing and must: 30

specify the document that is required


state whether the request is made for current documents only or whether
it includes a request for the supply of any subsequent documents, such as
notices of alteration
state whether a printed copy of any of the documents is requested instead
of the version in data form

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

4.17 The police, the Security Service, Government Communications


Headquarters (GCHQ) and the Secret Intelligence Service may, upon
application, receive a free copy of the register. 38

4.18 A person who qualifies to receive the register as a candidate at an


election may make an application for the full register and the register updates
for the area they are contesting, including the notice of alteration published on
the fifth day before the poll. This entitlement only applies while they are a

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.

Part H, page 11, March 2009


candidate; once the election is over they may not have subsequent registers or
updates. 39

4.19 Local constituency organisations of registered political parties are entitled


to receive a copy of the full register on request. 40 Any question as to who is the
correct recipient for any such register should be directed to the registered
partys Nominating Officer.

Juries Act 1974


4.20 In England and Wales, Electoral Registration Officers must supply a full
copy of the register of electors indicating those persons who are over 70 and
are therefore not eligible for jury service. 41 The address to which a copy of the
register should be sent is:

The Court Service


Jury Central Summoning Bureau
Pocock Street
London SE1 0YG

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.

Other bodies applying for the register


4.22 Only a body or organisation which has an enactment that allows them
access to the electoral register may be supplied with the register if they are not
directly listed in electoral legislation. The Electoral Registration Officer should
consider the enactment quoted by any applicant and, if they are satisfied that
the enactment gives that person the power to be supplied with the register, it
should be so supplied.

Sale of the full register


4.23 The Electoral Registration Officer may only sell copies of the full register
to certain organisations. 42 These are:

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.

Part H, page 12, March 2009


Government departments (including the Environment Agency in England
and Wales, the Scottish Environmental Protection Agency in Scotland, the
Financial Services Authority and any body which carries out the vetting of
any person for the purpose of safeguarding national security).
Credit reference agencies. Credit reference agencies must be registered
under Section 147 the Consumer Credit Act 1974 and must also be
carrying on the business of providing credit reference services (i.e. giving
information relevant to the financial standing of individuals). Further
consideration of credit reference agencies is given below.

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

4.25 In addition, those credit reference agencies and government departments


supplied with notices of alteration must also have these notices marked with a
Z against the name of any elector who has opted out of their details appearing
on the edited register.

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.

Fees for sale of the full register


4.27 The fees for sale of the full register and the notices of alteration are: 44

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

4.29 It is advisable to receive the fee before despatching the register.


43
Regulation 111(7), RPR 2001; Regulation 110(7), RPR (Scotland) 2001.
44
Regulation 111(5), RPR 2001; Regulation 110(5), RPR (Scotland) 2001.
45
Regulation 111(6), RPR 2001; Regulation 110(6), RPR (Scotland) 2001.

Part H, page 13, February 2008


Sale of the edited register
4.30 The edited register can be sold to anyone requesting it on payment of the
prescribed fee. It is advisable to receive the fee before despatching the register.

4.31 The fees for sale of the edited register are: 46

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

Restrictions on use of the full register


4.32 A councillor or employee of the council who has a register may only
supply a copy of the register or disclose or make use of information contained
in it that is not contained in the edited register for the discharge of a statutory
function of the council or any other local authority relating to security, law
enforcement and crime prevention. 47

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.

4.34 Government departments must only use the register for: 48

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.

Part H, page 14, February 2008


vetting applications for credit or applications that can result in the giving of
credit or the giving of any guarantee, indemnity or assurance in relation to
the giving of credit
meeting any obligations contained in the Money Laundering Regulations
1993, the Money Laundering Regulations 2001 or any rules made
pursuant to Section 146 of the Financial Services and Markets Act 2000,
and
statistical analysis of credit risk assessment in a case where no person
whose details are included in the full register is referred to by name or
necessary implication

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.

4.37 In order to be satisfied that the company is entitled to receive a copy of


the register, Electoral Registration Officers may wish to request that the
company seeking to purchase the register provides a copy of the consumer
credit licence issued to it. This demonstrates that the company meets the first
part of the criteria.

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:

Office of Fair Trading


Consumer Credit Licensing Bureau
Craven House
40 Uxbridge Road
Ealing
London W5 2BS

Tel: 020 7211 8608


Fax: 020 7211 8661
Web: www.oft.gov.uk

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.

4.40 The OFT cannot, however, advise on whether a company is carrying on


the business of providing credit reference services in the UK and, furthermore,
there appears to be no independent and authoritative source of confirmation of
this. This being the case, the only way that Electoral Registration Officers can
find out if a company is satisfying the requirements of the legislation is by
contacting the company directly and asking for written confirmation.

50
Regulation 114(1), RPR 2001; Regulation 113(1), RPR (Scotland) 2001.

Part H, page 15, March 2010


4.41 It is suggested that Electoral Registration Officers request written
confirmation from the company, signed by an authorised person within that
company (such as a company director), that:

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.

The marked register

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.

Part H, page 16, March 2010


meaning of Section 33 of the Data Protection Act 1998. This would mean, for
example, that it is legitimate for candidates, agents and local parties to know
who did and did not vote at any election both for investigating the current
election and in planning for future elections. The vote of any elector must be
kept secret but the fact that any person voted or not is a matter of public record
(with some restrictions) once the election is over. An Electoral Registration
Officer may wish to remind a person to whom access is granted of these
restrictions.

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.

Recording sales of the register


4.50 The Electoral Commission recommends that Electoral Registration
Officers record the transactions of sales of the full and edited register. The
income from such sales is often processed through the local authority and so
the revenue gained, alongside the number of registers sold, should be available
for public scrutiny and be made available if so required.

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.

Part H, page 17, March 2010


in mind the provisions of the Data Protection Act 1998. The Information
Commissioner has recommended that: 52a

Organisations should publish and regularly update a list of those organisations


with which they share, exchange, or to which they sell, personal information,
including selected third parties.

A Contact details for the Information Commissioners Office are provided


in Section 2 of Part E, Improving completeness and accuracy.

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

Part H, page 18, March 2010


5 Old copies of the register
5.1 Old copies of the register should be kept by the Electoral Registration
Officer for 15 years to allow for the checking of overseas voter applications.

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

statistical or historical purposes [which meet] the relevant conditions, in


relation to any processing of personal data. [These are]:

(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.

Part H, page 19, March 2010


6 Absent voting records and lists
Supply of the absent voting records and lists to candidates,
election agents, registered political parties and elected
representatives
6.1 Elected representatives, candidates, registered political parties and local
constituency parties may request that the Electoral Registration Officer supply,
as soon as practicable after the request is made and free of charge, a copy
of: 57

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

The earliest day a person may become a candidate at a UK Parliamentary


election is on the day the UK Parliament is dissolved or, in the case of a by-
election, the day the vacancy occurs. Otherwise, a person becomes a
candidate when they are declared by themselves or others to be a candidate,
or on the day on which they are nominated as a candidate, whichever is the
earlier date.

A person becomes a candidate at a local government election in England or


Wales on the last date for publication of the notice of election if they are
declared by themselves or others to be a candidate prior to that date.
Otherwise, a person becomes a candidate when they are declared by
themselves or others to be a candidate, or on the day on which they are
nominated as a candidate, whichever is the earlier date. A candidate at a local
government election in Scotland is a person having been nominated or having

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.

Part H, page 20, March 2010


declared themselves to be a candidate for election to the office to be filled at
the election.

At a Scottish Parliamentary or National Assembly for Wales election, a person


becomes a candidate on the day of dissolution of the Parliament or Assembly
(as the case may be) or the day a vacancy arises and causes a constituency
by-election if they have already declared themselves or been declared by
others to be a candidate. Otherwise, a person becomes a candidate when they
are declared by themselves or others to be a candidate, or on the day on which
they are nominated as a candidate, whichever is the earlier date.

For the purposes of a European Parliamentary election, a person who is


included in the list of candidates of a registered party becomes a candidate on
the day the list is submitted by the party. A person standing as an individual at
the election becomes a candidate on the last date for publication of the notice
of election if they are declared by themselves or others to be a candidate prior
to that date. Otherwise, a person becomes a candidate when they are declared
by themselves or others to be a candidate, or on the day on which they are
nominated as a candidate, whichever is the earlier date.

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.

Part H, page 21, July 2008


6.7 Where elected representatives, candidates, registered political parties and
local constituency parties are provided with a copy of the current absent voting
records and/or the final lists, they may only use the information for research or
electoral purposes and for any purposes compatible with the restrictions
applicable to the use of the full register of electors by that recipient. 65

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.

Inspection of absent voting records and lists


6.9 The Electoral Registration Officer is required to make both the current
version of the absent voting record and, when published, the final version of the
absent voting lists available for public inspection at their office. 68 As soon as
practicable after 5pm on the sixth day before polling day, the Electoral
Registration Officer must make available for public inspection a copy of the final
list of absent voters (list of postal voters, list of proxies and list of postal
proxies), which must be upgraded to take account of any emergency proxy
applications that are granted.

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.

Part H, page 22, February 2008


which records or lists are required (or relevant parts of the information)
whether the request relates to both the current and/or the final lists
who will be inspecting the information
the date on which they would like to make their inspection
whether they would prefer to inspect the information in printed or data
format

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

6.12 It is suggested that Electoral Registration Officers write to those


requesting to inspect absent voting records or lists to inform them of all the
restrictions that apply when inspecting these records or lists. The letter should
also include a reminder that the information contained in those documents may
only be used for research purposes within the meaning of Section 33 of the
Data Protection Act 1998 and for electoral purposes.73 See Section 5, Old
copies of the register, above, for the definition of research purposes.

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.

Part H, page 23, October 2011


7 Data protection
Data Protection Act 1998
7.1 The Data Protection Act 1998 gives individuals the right to know what
information is held about them and provides a framework to ensure that
personal information is handled properly and in accordance with data protection
principles. For Electoral Registration Officers this includes ensuring that the
collection, handling and supply of data comply with electoral legislation.

Supply of registration and absent vote applications


7.2 Applications for registration, other than anonymous registration
applications, are available for inspection from the day the application is listed
on the list of applications for five working days. After that point, no application
may be inspected. Applications for absent votes may not be inspected at any
time.

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.

Issues relating to registration data


7.5 All issues relating to the data protection aspects of using registration data
should be directed to the Information Commissioners Office:

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.

Part H, page 24, October 2011


In Scotland:
The Information Commissioner's
Office - Scotland
45 Melville Street
Edinburgh EH3 7HL
Tel: 0131 244 9001
Email: scotland@ico.gsi.gov.uk

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

Part H, page 25, October 2011


8 Resources
Table 2: Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001 (as
amended)

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.

Regulation Organisation/individual Contact details Supply of register


97 (E&W) British Library See Table 4 below See Table 3 below
96 (Scotland)
97A (E&W) National Library of Wales See Table 4 below See Table 3 below
97B (E&W) National Library of Scotland See Table 4 below See Table 3 below
96 (Scotland)
98 (E&W) a. Returning Officer for a local Determined locally as a. On publication, a data copy of the revised
97 (Scotland) government election (including in applicable register (unless a request is made for a
England and Wales an election printed copy prior to publication) and any
for parish and community notice setting out an alteration to the
councillors; and in London the register
election of Members of the b. As many printed copies as reasonably
London Assembly and the Mayor required for the purposes of the election,
of London) with the duty to supply at least one data
b. (Acting) Returning Officer for a copy of the revised register, any notice
Parliamentary election, if they are setting out an alteration to the register
not the Electoral Registration and the most recent list of overseas
Officer electors; copy should be supplied as soon
as the announcement is made of Her
Majestys intention to dissolve Parliament
or the occurrence of a vacancy in the

Part H, page 26, March 2009


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


c. Local Returning Officer for a relevant constituency
European Parliamentary election c. As many printed copies as reasonably
if they are not the Electoral required for the purposes of the
Registration Officer election, with the duty to supply at
d. Constituency and Regional least one data copy of the revised
Returning Officers at a National register, any notice setting out an
Assembly for Wales election if alteration to the register and the most
they are not the Returning Officer recent list of overseas electors; copy
In each of these cases, the electoral to be provided two months before
area must fall partly or wholly within polling day
the registration area. d. As many printed copies as reasonably
required for the purposes of the
election, with the duty to supply at
least one data copy of the revised
register and any notice setting out an
alteration to the register
97A (Scotland) Returning Officer for the purposes of Determined locally as On request, one data copy and as many
any election of members to a applicable printed copies as required of the revised
National Park authority register and any notices of alteration to
that register
99 (E&W) Statistics Board Miriam Hardy On publication, a data copy (unless a
98 (Scotland) (Office for National Statistics) Office for National Statistics request is made for a printed copy prior to
Room 4100N publication) of the revised register, any
Segensworth Road notice setting out an alteration to the
Titchfield, Fareham register and any list of overseas electors
Hants, PO15 5RR
siu.electoral.registers@ons.gov.uk

Part H, page 27, November 2012


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


98 (Scotland) General Register Office for Scotland General Register Office for On publication, a data copy (unless a
Scotland request is made for a printed copy prior to
Ladywell House publication) of the revised register, any
Ladywell Road notice setting out alterations to the
Edinburgh EH12 7TF register and any list of overseas electors
100 (E&W) The Electoral Commission Electoral Registers On publication, a data copy (unless a
99 (Scotland) The Electoral Commission request is made for a printed copy prior to
Party and Election Finance publication) of the revised register, any
3 Bunhill Row notice setting out an alteration to the
London. EC1Y 8YZ register and any list of overseas electors
Email: eregisters@electoral
commission.org.uk
101 (E&W) Parliamentary Boundary Determined by Electoral On publication, a data copy (unless a
100 (Scotland) Commission for England, Wales or Registration Officers area as request for a paper copy is made prior to
Scotland (as appropriate to the applicable publication) of the revised register, any
Electoral Registration Officers area) notice of alteration and the list of
overseas electors to the appropriate
Boundary Commission
101 (E&W) Local Government Boundary Determined by Electoral On publication, a data copy (unless a
100 (Scotland) Commission for Wales and Registration Officers area as request for a paper copy is made prior to
the Local Government Boundary applicable publication) of the revised register, any
Commission for Scotland notice of alteration and the list of
(as appropriate to the Electoral overseas electors to the appropriate
Registration Officers area) Local Government Boundary Commission

Part H, page 28, October 2011


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


103 (E&W) Elected representatives (including As advised by the elected On request, as specified in the Regulation
102 (Scotland) MPs, MEPs, local councillors, the representative
Mayor of London, London members
of the London Assembly,
constituency members of the
London Assembly, elected mayors)
within the registration area
104 (E&W) a. Holders of relevant elective As advised by the holders of a On request, a data copy (unless a
103 (Scotland) offices within the meaning of relevant elective office or request for a paper copy is made prior to
Paragraph 1(8), Schedule 7, candidate as appropriate publication) of the revised register, any
PPERA notice of alteration and the list of
b. Candidates for election at a overseas electors
Parliamentary, local government
or Greater London Authority
election
105 (E&W) Local constituency parties As advised by the person On request, a data copy (unless a
104 (Scotland) nominated to act by the partys request for a paper copy is made prior to
registered Nominating Officer publication) of the revised register, any
notice of alteration and the list of
overseas electors of as much as relates
to the constituency as falls within the
registration area

Part H, page 29, February 2008


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


106 (E&W) Registered political parties: As advised by the party or On request, a data copy (unless a
105 (Scotland) a. a registered political party other permitted participant request for a paper copy is made prior to
than a minor party within the publication) of the revised register, any
meaning of Section 160(1) of notice of alteration and the list of
PPERA overseas electors
b. a recognised third party within
the meaning of Section 85(5) of
PPERA, other than a registered
political party
c. a permitted participant within the
meaning of Section 105(1) of
PPERA, other than a registered
political party
107 (E&W) The council which appointed the As advised by the council On request, a data copy (unless a
106 (Scotland) Electoral Registration Officer request for a paper copy is made prior to
publication) of the revised register, any
notice of alteration and the list of
overseas electors for as much as relates
to the council area
107 (E&W) Any other local authority which area As advised by the local On request, a data copy (unless a
contains all or part of the Electoral authority request for a paper copy is made prior to
Registration Officers responsibility publication) of the revised register, any
such as county borough councils, notice of alteration and the list of
but not parish and community overseas electors of as much as relates
councils to the area of the local authority
concerned

Part H, page 30, February 2008


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


107 (E&W) Parish and community councils As advised by the parish or On request, a data copy (unless a
106 (Scotland) community concerned request for a paper copy is made prior to
publication) of the revised register, any
notice of alteration and the list of
overseas electors of as much as relates
to the area of the local authority
concerned
108 (E&W) Individual candidates at a UK As advised by the candidate or On request, a data copy (unless a
107 (Scotland) Parliamentary, European election agent request for a paper copy is made prior to
Parliamentary, National Assembly publication) of the revised register, any
for Wales or local government notice of alteration and the list of
elections; individual candidates for overseas electors of as much as relates
the election of a Mayor under Part II to the area for which the candidate is
of the Local Government Act 2000 standing
(England and Wales only); and the
election agent of a registered
political party which submits a list of
candidates at a European
Parliamentary election, National
Assembly for Wales election or an
election of London members of the
London Assembly

Part H, page 31, February 2008


Table 2 (cont.): Organisations and individuals entitled to receive a full copy of the register of electors under the RPR 2001

Regulation Organisation/individual Contact details Supply of register


109 (E&W) a. any police force in Great Britain As advised by the relevant On request, a revised version of the
108 (Scotland) b. Police Service of Northern body register, any notice setting out an
Ireland and the Police Service of alteration to the register and a list of
Northern Ireland (Reserve) overseas electors
c. National Criminal Intelligence
Service
d. National Crime Squad
e. Police Information Technology
Organisation
f. any body of constables
established under an enactment
g. Security Service, GCHQ and the
Secret Intelligence Service
109A (E&W) A public library or local authority As advised by the library or On request, as defined in the Regulations
108A archives service where their remit archives service
(Scotland) includes the registration area

Part H, page 32, February 2008


Table 3: The requirement to supply to the national libraries depending on the location of the Electoral Registration Officer

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

Part H, page 33, February 2008


Table 4: Format for sending data to the national libraries and certain other bodies

Body Data version Printed version Monthly updates


Electoral Commission CSV format only. Also CSV for Not required CSV format
overseas.

Note that EML, word or PDF is not


acceptable.
ONS (on behalf of the Excel or CSV only by Email, CD or Not required Not required
Statistics Board) Floppy disk

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

Part H, page 34, October 2011


Table 4a: Postal and email addresses for sending data to the national libraries and certain other bodies

Body Address Email

Electoral Commission By Post


The Electoral Commission eregisters@electoralcommission.org.uk
Party and Election Finance
3 Bunhill Row
London EC1Y 8YZ

Hand Delivery Only


Scotland Office
The Electoral Commission
Lothian Chambers
59-63 George IV Bridge
Edinburgh EH1 1RN

Wales Office
The Electoral Commission
Companies House
Crown Way
Cardiff CF14 3UZ

Part H, page 34a, November 2012


General Register Neil Bowie neil.bowie@gro-scotland.gsi.gov.uk
Office for Scotland Alternative Sources Branch
General Register Office for Scotland
Room 1/2/9, Ladywell House
Ladywell Road
Edinburgh
EH12 7TF

Part H, page 34b, November 2012


ONS Miriam Hardy siu.electoral.registers@ons.gov.uk
Office for National Statistics
Room 4100N
Segensworth Road
Titchfield
Fareham
Hants, PO15 5RR
British Library Electoral Register Receipt, See latest British Library guidance on our
Social Sciences Collections and Research, annual canvass page for email and
The British Library, transmission instructions.
96 Euston Road,
LONDON NW1 2DB

National Library of Official Publications Not applicable


Wales Legal Deposit Unit
The National Library of Wales
Aberystwyth SY23 3BU

Scottish EROs to Serials Unit legal-deposit@nls.uk


National Library of National Library of Scotland
Scotland 33 Salisbury Place
Edinburgh EH9 1SL

England and Wales Digital Collections legal-deposit@nls.uk


EROs to National National Library of Scotland
Library of Scotland 33 Salisbury Place
Edinburgh EH9 1SL

Part H, page 34c, November 2012


Table 4b: Preferred formats from the national libraries

National Library Special instructions requested


British Library After a request from administrators for preferred guidelines on the production of registers, the British
Library have produced guidance for Electoral Registration Officers to consider which is available on our
website:

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

Part H, page 34d, November 2012


Table 5: Organisations and individuals entitled to receive a full copy of the register of electors under Schedule 1 of the
Scottish Parliament Order

Paragraph Organisation Contact details Supply of register


1 Returning Officers As advised by the As many printed copies as reasonably required for the purposes of the
for a Scottish Returning Officer election, with the duty to supply at least one data copy of the revised
Parliamentary register, any notice setting out an alteration to the register and any record
election of anonymous entries; copy should be supplied as soon as the
announcement of Her Majestys intention to dissolve Parliament or the
occurrence of a vacancy in the relevant constituency
3 Members of the As advised by the On written request, one data copy (unless a request for a paper copy is
Scottish MSP made prior to publication) of the revised register and any notice of
Parliament alteration for as much as relates to their constituency or, for regional
(MSPs) members, for the whole of the registration area
4 Constituency As advised by the On written request, one data copy (unless a request for a paper copy is
candidates, candidate or made prior to publication) of the revised register and any notice of
individual regional election agent of alteration for as much as relates to the area in which the candidate is
candidates and the registered standing
the election agent political party
of a registered
political party
which submits a
list of candidates
for election

Part H, page 35, February 2008


Table 6: Public inspection of election documentation

Legal reference Who can Details


inspect?
Regulation 118 Any person Any person may request that the following be made available for inspection:
relevant part of the marked register of electors
marked postal voters list
marked list of proxies
marked proxy postal voters list
any other document relating to the election (except the ballot papers, completed
corresponding number lists and certificates of employment on duty on polling day)
The request must:
be made in writing
specify who will be inspecting the documents
specify the date on which they wish to inspect the documents
specify whether they would prefer to inspect the documents in printed or electronic data
format

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.

Part H, page 36, February 2008


Table 6 (cont.): Public inspection of election documentation

Legal reference Who can Details


inspect?
Regulation 118 Any person In the case of a request to inspect the marked register or lists, state the purpose for which the
information will be used and why the inspection of a copy of the full register or unmarked list(s)
would not be sufficient to achieve that purpose. Where the Electoral Registration Officer
determines that the purposes for which the applicant wishes to use the information may be
achieved by inspecting a copy of the full register, they shall advise the applicant of their
decision and make the full register available for inspection under supervision.
The relevant documentation must be made available for inspection within 10 days of the
receipt of the request.
Only handwritten notes of the marked register of electors and the marked absent voters
lists may be made.
Copies of the other election documentation open to inspection may not be made in any
form.
Any information obtained through the inspection of the election documentation may only be
used for:
research purposes within the meaning of Section 33 of the Data Protection Act 1998
(research, history and statistics)
electoral purposes

Part H, page 37, February 2008


Table 7: Copies of the marked register of electors and absent voters lists

Legal May be supplied to Details


reference
Regulation The Electoral On request and on payment of a fee calculated by reference to Regulation 117, these
117 Commission individuals and organisations are entitled to copies of the:
(Regulation 100) relevant part of the marked register of electors
Elected relevant part of the marked postal voters list
representatives
relevant part of the marked list of proxies
for electoral
relevant part of the marked proxy postal voters list
purposes
Regulation 103) The request must:
Local be made in writing
constituency
specify which marked register or list (or relevant part) is required
parties
state whether a printed or data copy of the marked register or list(s) is required
(Regulation 105)
state the purpose for which the marked register or list(s) will be used and why the supply
Registered
or purchase of a copy of the full register or unmarked list(s) would not be sufficient to
political parties
achieve that purpose
(Regulation 106)
Candidates If the Electoral Registration Officer is not satisfied that the applicant needs to see the marks on
(Regulation 108) the marked register or lists for the purpose for which it is requested, they may treat the request
Police forces and as one for information in unmarked lists, or for a copy of the full register, or both.
other agencies The marked register of electors and lists may only be used for:
Regulation 109)
Government research purposes within the meaning of Section 33 of the Data Protection Act 1998
departments and (research, history and statistics)
other bodies electoral purposes
(Regulation 113) purposes that are applicable under the regulation entitling the individual or body to the use
of the full register of electors

Part H, page 38, February 2008


Table 8: Copies of other election documentation

Legal May be supplied to Details


reference
Regulation Police forces and In addition to inspecting the marked register of electors, marked postal voters list, marked list
118(8) other agencies of proxies, marked proxy postal voters list and any other document relating to the election
(Regulation 109) (except the ballot papers, completed corresponding number lists and certificates as to
employment on duty on polling day), the following organisations may request, free of charge,
copies of any election documentation open to public inspection:
any police force in Great Britain
the Police Service of Northern Ireland and the Police Service of Northern Ireland
(Reserve)
the Serious Organised Crime Agency
the Police Information Technology Organisation
any body of constables established under an Act of Parliament
the Security Service
GCHQ
the Secret Intelligence Service
Information supplied may only be used for the purposes set out in Regulation 109(4), i.e.:
in the case of the identified police forces:
the prevention and detection of crime and the enforcement of criminal law (whether in
England and Wales or elsewhere)
the vetting of a relevant person for the purpose of safeguarding national security
in the case of the Security Service, the GCHQ and the Secret Intelligence Service, those
purposes connected with their statutory functions

Part H, page 39, February 2008


Part I Accessibility and participation
Contents
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

2 Public awareness activities


Introduction
Statutory requirements
Planning a public awareness strategy
Evaluating public awareness work
Producing leaflets
Raising awareness among hard-to-reach groups
Further information
1 Making registration accessible
Introduction
1.1 The Electoral Commission believes that access to the electoral
registration process is an essential part of a healthy democracy and indeed is
necessary to ensure a complete register.

1.2 This guidance draws on the Commissions review of equal access to


electoral procedures published in Equal access to democracy.1 It also takes
account of legislative changes made since that report, and offers further
suggestions for good practice.

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.

Disability Discrimination Act 1995


1.4 Electoral registration is not specifically mentioned in the Disability
Discrimination Act 1995 (DDA 1995). The Commission, however, supports the
view that the registration process is a public service, as does the UK
Government.2 As a result, it is the Commissions view that Electoral
Registration Officers must not discriminate against disabled people by
providing a worse service to a disabled person than they would to a non-
disabled person.

1.5 Since December 1996, it has been unlawful for a service provider to
discriminate against a disabled person. Discrimination includes:

refusing to provide any service to disabled people that it provides to non-


disabled people
providing a worse standard of service to disabled people than it provides
to non-disabled people

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).

Part I, page 1, February 2008


barriers to access. This covers many of the buildings used as polling stations,
as they are in use for a wide variety of other functions. The provisions in Part
III of the DDA 1995, which cover access to goods and services, apply to
electoral services. It is debatable whether the postal vote system would be
considered a reasonable alternative to direct provision of election services.

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:

promote equality of opportunity between disabled persons and other


persons
eliminate discrimination that is unlawful under the Act
eliminate harassment of disabled persons that is related to their
disabilities
promote positive attitudes towards disabled persons
encourage participation by disabled persons in public life
take steps to take account of disabled persons disabilities, even where
this involves treating disabled persons more favourably than other
persons

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.

Race Relations Act 1976


1.11 The Race Relations Act 1976 gives local authorities various duties in
respect to race equality. The general duty set out in Section 71(1) of the Act
and the statutory Code of practice on the duty to promote race equality is to
have due regard to the following three objectives:

Eliminate unlawful racial discrimination.


Promote equality of opportunity.
Promote good relations between people of different racial groups.

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.

Part I, page 2, February 2008


Electoral Administration Act 2006
1.13 Section 69 of the EAA introduced a duty on Electoral Registration
Officers to encourage participation in the electoral process. The Commission
believes that providing equal access to registration procedures should be
seen as integral to the fulfilment of that duty. The Act also makes special
provisions for election documents, with the exception of nomination papers
and ballot papers, to be published in different languages and formats.

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.

1.16 Most disabled electors do not, however, live in special accommodation


and it is therefore important to raise awareness among disabled electors of
electoral registration generally and the support that is available to meet their
particular requirements. A range of channels should be used to transmit this
information, including written, electronic, specialist media and local radio.
Relying on one channel only may exclude certain disabled people: for
example, a strategy solely reliant on posters would not benefit many visually
impaired electors. Tailoring publicity strategies to local needs is therefore
crucial.

A
Section 2, Public awareness activities, below, makes
recommendations for developing publicity strategies.

Part I, page 3, February 2008


1.17 Social services and education departments might be able to provide
details of local campaign and support groups who work with disabled electors.
The Electoral Registration Officer could liaise with these local groups to
discuss the best approaches for disseminating any relevant information.

1.18 Electoral Registration Officers should also be aware that some disabled
people with multiple impairments may need additional support.

Blind and visually impaired electors


1.19 Blind and visually impaired electors may face a number of obstacles
when trying to register to vote.

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:

the type of form that will be sent


what time of year it is likely to be sent
what information will need to be supplied
when the form should be returned and the significance of the deadline
set
to whom they should return the form
where help can be obtained in completing the form

1.21 Ideally, as part of any campaign, registration forms should be made


available in Braille, in an audible format and in a print size larger than the
standard print size. A 16 point font size is a suitable minimum, although for
some it may need to be increased further. Rolling registration forms are
available to order from the Commission in audio, Braille and large-print
formats.

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:

using a minimum of 12 point font size, although the RNIB strongly


recommends the use of 14 point
sticking to typefaces like Arial that people are used to, and avoiding
highly stylised or ornamental ones
using bold or semi-bold rather than light-weight font
avoiding the use of italics and block capitals
avoiding titles and headings that are underlined: instead the text should
be enlarged to denote a heading
aligning text to the left and keeping spacing even
ensuring good colour contrast (e.g. black type on white or yellow paper)

Part I, page 4, February 2008


using matt paper, as the glare of glossy paper can make text less legible
ensuring that paper is of adequate quality, so that any print on the
reverse cannot be seen

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.

1.28 Processes should also be in place to ensure that a visually impaired


person can check their entry on the register by having the information
communicated verbally at the electoral registration office.

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.

Part I, page 5, February 2008


Face the person directly: if they look away the deaf person will not be
able to read their lips.
Speak clearly at a normal pace and not shout.
Make sure there are no bright lights behind them that could make it
difficult to see their face.
Use whole sentences rather than one-word replies: when lip-reading,
many words look the same and so using sentences gives contextual
clues.
Ask the deaf or hard of hearing person to repeat themselves several
times if they do not understand what that person is saying to them. Deaf
and hard of hearing people are used to being asked to repeat
themselves and will be pleased that the effort is being made to
communicate with them effectively.
Change sentences slightly when asked to repeat something.
Try writing things down if they are not understood.
Use gestures: for example, showing size and shape with their hands or
backing up directions by pointing can be very helpful. Facial expressions
can also help to convey meaning.

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.

Electors with reduced mobility and wheelchair users


1.32 The DDA 1995 places a duty on public authorities to remove physical
features from their premises which could potentially restrict access to those
who are disabled and to provide reasonable additional supporting features.4

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:

Are doors wide enough for an electric-powered wheelchair or mobility


scooter?
Are there any internal steps or barriers?
Are reception points clear of obstacles?
Is there room for wheelchair users to move within the reception space?
Is there additional seating available for those who may need to rest?
Are any doormats level with the floor? If not, can they be removed?
Are there any other trip hazards?
Is there suitable non-slip floor covering?
Would the floor become slippery when wet?

4
Section 21D, DDA 1995 (as amended).

Part I, page 6, February 2008


If the premises have movable mats, heavy curtains trailing on the floor, a
mix of carpet and wooden flooring with edging lips in between or highly
polished floors, all of which can be potential hazards, can anything be
done to remove or improve them?

Postal and proxy voting


1.34 Although many people, including disabled people, prefer to vote in
person, others find it more convenient to vote by post or to appoint a proxy to
vote on their behalf. Disabled people are entitled to vote by proxy for a definite
or indefinite period.5

1.35 Electoral Registration Officers should ensure that there is adequate


publicity surrounding postal and proxy voting to make people aware of these
provisions and to inform people as to how to apply. Absent voting applications
could also be produced in a variety of formats in order to make it easier for
people to successfully complete the forms.

1.36 The Commission produces postal voting application forms in a number


of formats, including audio tape, Braille and large print.

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.

Electors with learning difficulties and low levels of literacy


1.38 People with learning difficulties find it more difficult and take longer than
non-disabled people to learn, understand and communicate. As a
consequence, a number of people with learning difficulties will have low levels
of literacy or may take longer to read information provided. Low literacy levels
are not, however, exclusive to people with learning difficulties as there are
many other factors that can result in someone having reading and writing
difficulties.

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.

Part I, page 7, February 2008


1.39 It is important to remember that each person is different and conditions
can vary. A one-size-fits-all approach should be avoided. People with a mild
learning difficulty, for example, may only need limited help, while others may
need more extensive support, particularly if they also have other physical
disabilities.

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.

1.42 Easy-read guides with a range of commonly used pictures, photographs


and symbols can benefit both disabled and non-disabled people alike. There
are a number of organisations, such as Mencap, with experience in producing
easy-read literature and Electoral Registration Officers may want to contact
them for advice.

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.

Electors with mental health conditions


1.44 Some disabled people with a mental health condition may also have
other impairments or conditions, including learning difficulties, that make
registration and navigating the forms more difficult. Leaflets with pictorial
guidance and written in clear English can 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.

1.45 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

Part I, page 8, February 2008


dealing with these electors is vital and no pressure should be applied to the
person: applying pressure will only make the situation worse, as the person
with the mental health condition may become anxious and distressed. Instead,
staff should explain the registration process as many times as necessary and
ask them to return again later if needed.

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.

Equality and Human Rights Commission


1.47 The Equality and Human Rights Commission replaced the Commission
for Racial Equality, the Disability Rights Commission and the Equal
Opportunities Commission. Set up under the Equality Act 2006, it is a non-
departmental, publicly funded body that promotes awareness and
understanding of human rights and encourages good practice by public
authorities. It brings together the work of the previous commissions and
covers England, Scotland and Wales. For further information, see
www.equalityhumanrights.com.

Plain English Campaign


1.48 The Plain English Campaign is an independent pressure group whose
aim is for public information to be written in plain English. The Campaign
offers editing services as well as the Crystal Mark for approved documents.
Further information is available at www.plainenglish.co.uk.

Royal National Institute for Deaf People (RNID)


1.49 The RNID represents deaf and hard of hearing people in the UK. They
can provide information on communicating with deaf people. More information
is available at www.rnid.org.uk.

Royal National Institute of Blind People (RNIB)


1.50 The RNIB offers information, support and advice to people in the UK with
visual impairments. The RNIB has produced clear print guidelines to improve
access for blind and partially sighted people.

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

Part I, page 9, February 2008


people to achieve equality. Scope runs the Polls Apart campaign to make
elections accessible to disabled voters and reports have been produced on all
UK Parliamentary general elections since 1992. Scope has also produced a
range of guidance for staff involved in elections. Further information is
available at www.scope.org.uk.

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.

Electors from minority ethnic communities and speakers of


languages other than English or Welsh
1.55 Although not everyone belonging to a minority ethnic community is able
to vote due to citizenship restrictions on the franchise, it is fair to assume that
a significant proportion can register because they are qualifying
Commonwealth citizens, citizens of European Union member states or have
become British citizens.

1.56 Many of those eligible to be registered will have no problems


communicating in English or Welsh, but some may speak no English or Welsh
at all or may have difficulties reading or writing in English or Welsh. This may
cause problems when registering to vote, or when completing the canvass
form to confirm that no-one resident at that address is eligible to register.

1.57 Raising awareness of the importance of registration is the first step to


maximising the registration of all those speakers of other languages who are
eligible. There may be a concentration of particular minority ethnic
communities in the Electoral Registration Officers area. In such cases, the
Electoral Registration Officer should consider contacting relevant local
community groups, as they may be able to help their members complete the
registration form and alert them to the canvass and registration process more
generally.

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.

1.58 The Commission provides rolling registration forms in a variety of


languages (including Arabic, Bengali, Chinese, French, Gujarati, Polish,

Part I, page 10, February 2008


Punjabi and Urdu), both in hard copy format and for download as a PDF from
the Do Politics website at www.dopolitics.org.uk. Order details for all of the
Commissions publicity materials and forms can also be found on the website.

1.59 As a prescribed form, the canvass form should not be translated.


Electoral Registration Officers may, however, find it helpful to provide copies
of the Commissions translated rolling registration forms to canvassers making
house-to-house enquiries.

1.60 Below are a few examples concerning translated material and publicity
for electoral registration which Electoral Registration Officers may wish to
consider:

Try to recruit canvassers who speak the languages used in the


communities where they will be working. This will enable them to answer
any questions that people may have on the doorstep.
Training sessions for canvassing staff are vital and they should cover
registering people from minority ethnic communities.
Guidance notes should be issued to electoral registration staff who will
be canvassing in areas where there are minority ethnic communities.
These should give advice on nationality and the franchise and how to
deal with questions from minority ethnic households. The Commission
has developed a canvasser instruction manual that is available to
download from www.electoralcommission.org.uk.
Issue leaflets to accompany electoral registration forms in the languages
spoken by local communities, explaining what the form is and how to
complete it.
Use a translation sheet to explain to residents why the canvasser is
calling the Commission has provided a downloadable statement of the
purpose of the annual canvass in Arabic, Bengali, Chinese, French,
Gujarati, Punjabi, Urdu and Polish on www.electoralcommission.org.uk.
Have rolling registration forms available in the languages spoken by
local communities.
Leaflets with pictorial guidance and written in clear English can also help
a variety of people, including those who have learning difficulties and low
levels of literacy, as well as those who speak English as a second
language.
Consider specialised publicity on rolling registration and the canvass and
why people should register. This can be included in any newspapers
circulated among minority ethnic communities and also on local radio
stations and in the councils newspaper. Posters and leaflets could also
be provided to local community centres, doctors surgeries, temples and
mosques. Also, local community publications such as newsletters for
specific minority groups could be used.
Reminder notifications to non-responding households could also be
issued in languages other than English and Welsh.
Consider equipping canvassers with a telephone translation service.
These services allow a three-way conversation to take place, using a
mobile phone (or landline), between a canvasser, a translator and a
resident.

Part I, page 11, February 2008


It may be possible to ask the translations team at the appointing council,
where there is such a team, to contact any householders who have
difficulties in understanding the registration form.
Consider depositing the register of electors in places frequented by
members of the minority ethnic communities, although keeping in mind
the statutory provisions for inspection of the full register to be carried out
under supervision.

Call management centres


1.61 Many local authorities have introduced contact or call management
centres as the first point of contact for residents telephoning the council.
Some authorities may wish to use them for registration purposes. The
Electoral Registration Officer should ensure that those working at contact or
call management centres are trained to deal with registration enquiries from
all types of people, including disabled people, people with a mental health
condition, people with speech impairments, people with learning difficulties
and people for whom English is not their first language.

Designing electoral forms


1.62 Registration is largely a form-based process. If potential electors are
unable to complete forms and register, they will be deprived of their right to
vote. People may experience difficulties in completing electoral registration
forms for a variety of reasons: for example, they may not be able to see the
writing on the form or may not understand what the form asks them to do.

1.63 Electoral Registration Officers use a wide range of different form


designs, particularly in relation to the size and type of font used, layout, use of
colour and language. The objective of the following paragraphs is to provide a
toolkit for Electoral Registration Officers to use in designing electoral forms.

1.64 Forms used for registration are classified as either:

prescribed where the form is included in the legislation, e.g. the


canvass form, or
not prescribed where legislation only sets out what information is
sought, e.g. the rolling registration form, and not the form in which it
must be presented

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.

Part I, page 12, February 2008


as a form to the same effect may also be used.8 There is no case law on the
degree of latitude permitted in relation to prescribed forms. Electoral
Registration Officers should consider whether they need to deviate from the
wording and format of prescribed forms for a legitimate reason before so
doing.

1.67 In general terms, the following two principles should be applied when
considering any departure from prescribed forms:

whether a variation of a prescribed form will be lawful is a question of


fact and degree in each case, turning on a comparison between the
prescribed form and the particular form used
any variant on the prescribed form should accomplish the same purpose
as the prescribed form, not just in general terms but in relation to
communicating the detail of the law

1.68 The following sets out what these principles mean in practice:

Is it lawful to give electors more information on a form than is


included in the prescribed form set out in legislation? This might in
some circumstances be legal, particularly where the law expressly
allows a variation. This is provided that nothing in the additional
information is inconsistent with the information that must be given or
requested. The weaker the link between the additional information and
the purpose of the form, the less likely it is to be lawful.

Is it lawful to request more information from electors than is


requested on the prescribed form? This is likely to be unlawful unless
it is made clear that the information sought need not be provided (i.e.
completion of these parts of the form is optional). Even then, the weaker
the link between the request and the purpose of the form, the less likely
it is to be lawful, particularly where there is no express provision for
variation in the legislation.

Is it lawful to omit questions, statements or requests for


information that are included in the prescribed form? The
Commissions view is that it is not lawful to omit any such information,
whether or not there is express provision for variation. The way in which
questions or statements are phrased might in some circumstances be
altered, particularly where there is express provision for variation, but not
to such an extent that the question or statement, or a significant element
of either the question or statement, is excluded or its meaning or
purpose is altered as a result.

1.69 When new or amended electoral forms are to be prescribed, the


Commission urges the relevant government department to ensure that the
design is both user tested and written with plain English criteria in mind.

8
Section 10(4), RPA 1983.

Part I, page 13, February 2008


w
Electoral administrators 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. In practice, this means that election materials
produced and published by local authorities in Wales may have to be
produced bilingually. Each local authority should consult its statutory Welsh
Language scheme in order to determine which publications or materials will
need to be produced in a bilingual format. As a matter of good practice, it is
recommended that individual registration and canvass forms, as well as postal
and proxy vote applications, are produced bilingually. Such an approach
offers members of the public a language choice when dealing with the
Electoral Registration Officer and reinforces the principle that language
equality is an integral part of the equality agenda in Wales.

Basics of forms design


1.70 Where the Electoral Registration Officer needs to design a form, the
following general guidelines should be followed. They not only apply to forms
used in connection with electoral registration, but could potentially also have
wider application.

1.71 Consider design and layout as an integral part of the


communication and to assist navigation. The design should be effective in
leading the user through the information. Clear pictures and symbols to
reinforce information, particularly about processes, could be used. If so, the
text should appear next to or underneath any supporting picture. Writing
should never appear across the picture itself.

The use of clear headings (numbered if appropriate) can signpost the


different sections of the communication, as can white boxes where
information is required to be provided by the elector.
The form should not be cluttered, as can be the case where there is too
much text and too many instructions on the face of the form. The first
impression of the form is vital as this can affect the likelihood of the
recipient completing or not completing the form.

1.72 Use a clear, easy-to-read font. Arial or a similar typeface, at a


minimum size of 12 point, is used by the Commission for public documents.
These guidelines reflect recommendations outlined by the RNIB for making
information easier to read for people who are partially sighted. The full RNIB
clear print guidelines are reproduced on the RNIB website at www.rnib.org.uk.

1.73 Publicise contact details. By publicising the contact details, access to


the service will be enhanced. This information should include as many
methods of contacting as possible to allow full access. Many local authorities
now have a dedicated helpline number, particularly during election time. A fax
number, a website and/or an email address should also be included. This
should be linked, where appropriate, to clear instructions as to how forms can
be returned, for example by post, in person, or by fax.

Part I, page 14, February 2008


1.74 Promote availability of translations, Braille, large print and audio
tape. Ideally, all forms designed for public use should be available in
languages used by a significant proportion of the local community. Rolling
registration and postal vote forms are available from the Commission in
English and Welsh and a variety of other languages, as well as in Braille, in
large print and on audio tape. Whichever formats are available locally, it is
important that their availability is clearly signposted on the standard version
of the form. This signposting itself should be in large print and in the relevant
languages: there is little point producing leaflets in Urdu if the only publicity for
their existence is in English.

1.75 Include guidance notes if necessary. Guidance notes should be


designed to help people speedily complete forms with minimum
inconvenience. Notes should avoid information that is there solely for the
record. Wherever possible, notes should use pictures, photographs,
diagrams, numbering that reflects the form, or colour-coding to illustrate what
action is required.

1.76 Request contact information, such as daytime telephone number/


email address. This can increase efficiency and reduce costs, as making a
telephone call or sending an email can help to solve a query more quickly
than having to send a letter or return the form and then waiting for a response.
The form or its notes should make clear why contact information is being
requested and that those completing the form do not have to give this
information.

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.

1.78 Consider including a checklist where actions are required by the


elector, either on the form or on associated stationery, such as on the inside
of the return envelope flap. In relation to the canvass form, for example, a
checklist could include a reminder to the householder to check that they have
signed the declaration and have asked all those named on the form if they
want to opt out of their details appearing on the edited register.

1.79 Consider administrative requirements. If forms are to be scanned, it is


important that the form is designed with this in mind, and draft forms tested.

1.80 Try out a new form design on colleagues or with stakeholder


groups. If any electoral forms have been reviewed and revised, try them out

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.

Part I, page 15, February 2008


on colleagues in other departments within the appointing local authority and
with any stakeholder organisations as appropriate. This may assist in teasing
out any issues with the forms. Electoral registration staff may find it useful to
involve disabled people at the beginning of the process, so that access
barriers can be minimised from the start. Specialist advice should be sought
from relevant departments of the appointing local authority.

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:

the design of the forms questions


the relationship between the form and any guidance notes or leaflets
how customers obtain forms
the relationship between paper and electronic forms

Writing for the web


1.82 Registration information and forms are commonly available for download
from council websites, and it is therefore important to consider how
information and forms are presented online.

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.

Part I, page 16, February 2008


scroll down to search for relevant information by scanning the beginning of
each line only.

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.

1.87 Choose a colour scheme that provides good contrast. As with


printed text, the higher the contrast, the more legible the text will be.

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.

1.92 Use punctuation to break up large sections of text. Screen readers


used by the visually impaired and by those with low literacy levels will
recognise punctuation marks and introduce pauses at those points. This will
help users to understand the contents of the page.

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

Part I, page 17, February 2008


1.95 Check that the web page does not contain items that flash more
than three times per second. Specific sequences of flashes or rapidly
changing image sequences can trigger seizures in some people. There is a
tool that can be used to check whether a page is safe: go to
http://trace.wisc.edu/peat/ for further information.

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.

Screen reader demo copies


1.101 There are a number of free downloadable demo copies of screen
readers that can be used to check whether a web page provides equivalent
information and functionality if read aloud. While the Commission does not
recommend any one in particular, JAWS
(www.freedomscientific.com/fs_downloads/jaws.asp) and IBMs Easy Web
Browsing download (www-03.ibm.com/able/dwnlds/index.html) are two such
examples.

Part I, page 18, February 2008


Colour blindness tool
1.102 Vischeck is a free tool that simulates the effect of different types of
colour blindness on web page colours. Further details can be found at:
www.vischeck.com/vischeck/vischeckURL.php.

Photosensitive Epilepsy Analysis Tool (PEAT)


1.103 PEAT is a free tool that checks whether web content risks inducing
seizures and is available for download at http://trace.wisc.edu/peat/.

World Wide Web Consortiums Web Accessibility Initiative


1.104 The World Wide Web Consortium (www.w3.org) is an international
consortium where member organisations and the public work together to
develop web standards.

1.105 It provides accessibility guidelines through the Web Accessibility


Initiative (WAI), which works with organisations around the world to develop
strategies, guidelines and resources to help make the web accessible to
disabled people. The consortium published its first set of guidelines and
techniques to meet them in 1999, which are still its standard reference
material and can be found at www.w3.org/TR/WCAG10/. Its guidance is in the
process of being updated and a draft version can be found at
www.w3.org/TR/WCAG20/. The guidelines cover three accessibility levels,
ranging from basic (A) to advanced (AAA).

Part I, page 19, February 2008


2 Public awareness activities
Introduction
2.1 For most electors, their contact with electoral registration services is
limited to the annual canvass form. Not everyone will be familiar with the
registration process and therefore publicity is essential so that individuals
know why, how and when they need to register and how to apply for an
absent vote.

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.

Planning a public awareness strategy


2.3 Developing a public awareness strategy can help Electoral Registration
Officers to fulfil their legislative duty to promote registration and can help them
to maximise their available time and resources.

2.4 As a starting point, Electoral Registration Officers should consider their


target audience. Local circumstances will, invariably, differ and activities
necessary to raise awareness in one area may not be relevant, or may fail to
work, in a different context.

2.5 Before developing a strategy, Electoral Registration Officers need to be


aware of what their starting point is. They may need to carry out a baseline
audit to evaluate what processes are already in place in their area to raise
awareness of registration.

2.6 To help develop a strategy, the Commission recommends that Electoral


Registration Officers carry out the following:

Set up a public awareness working group. Electoral Registration


Officers could set up a working group with Electoral Registration Officers
from neighbouring areas and with key service providers or community
groups. This group could help to develop and monitor their strategy.
Carry out an information audit. Work with their appointing council to
assess where people are likely to pick up information or fill out forms, for
example when joining the library or paying bills.
Build on existing work. Find out if any democratic engagement work is
already being done by local youth and community service teams and see
if this work can be incorporated into the strategy.
Target under-registered groups. Identify which groups are under-
represented in terms of electoral registration in the area.
Find local contact organisations. Contact local organisations or
individuals that have access to, or influence with, the groups that have
been identified, which could include voluntary sector groups, youth or

Part I, page 20, February 2008


social services workers, housing associations, sports clubs or faith
groups.
Set out when to target the groups. If resources are limited it may not
be possible to target all these groups at once and so it is worthwhile
making it explicit in the strategy which groups will be targeted and when.
Identify key events. Focusing activity around key events, such as
forthcoming elections and voter registration deadlines, Local Democracy
Week, Black History Month and freshers weeks, could be used to lift
exposure of the work.
Be realistic. It does not matter how many glossy leaflets, radio or
television advertisements Electoral Registration Officers have, the key to
promoting public awareness at a local level is by building good
partnerships across council departments and community groups.

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.

2.8 When developing a public awareness strategy, budget considerations


will need to be taken into account. It is recommended that each Electoral
Registration Officer has a dedicated publicity budget. The Electoral
Registration Officer has considerable discretion over the best use of publicity:
this could perhaps take the form of billboards, posters, messages on outgoing
post, or adverts in the press and other local media such as local commercial
radio stations; or it may be appropriate to use promotional events such as
road shows to increase voter awareness.

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.

2.9 The Commission has developed a number of leaflets and other


resources which Electoral Registration Officers can use as part of their public

Part I, page 21, February 2008


awareness strategy. The use of these materials can save Electoral
Registration Officers the costs associated with developing their own branding
for publicity materials. Further information on these and how to obtain and
access them can be found below.

Evaluating public awareness work


2.10 It is vital that Electoral Registration Officers evaluate their public
awareness work. Evaluations are necessary for measuring the effectiveness
of a project and demonstrating achievements. As such, they play an important
role in showing that appropriate use is being made of taxpayers money.

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:

cause and effect: e.g. is an increase in participation the effect of public


take-up of the new initiative or has increased participation caused public
take-up?
environmental factors or background noise: to what extent is increased
participation the result of the initiative or of some other factors?
the base case: i.e. what would have happened in the absence of the
initiative?

2.17 When measuring the success or otherwise of initiatives to promote


registration, Electoral Registration Officers may wish to consider the following:

Part I, page 22, February 2008


whether the number of people registering to vote increases
whether positive feedback is received from participants in a scheme
whether peoples understanding of the democratic process increases
whether there has been an increase in requests for alternative formats

2.18 It is likely that a variety of methods will be used to evaluate a project. At


the planning stage it is important to think about the most appropriate methods
to use for evaluation. The following are some examples of different evaluation
methods:

distributing evaluation questionnaires at the end of an event


recording feedback from the public at events or via the corporate website
recording the number of new registrants
recording the number of hits to the website requesting information about
registration and/or absent voting
conducting a public opinion survey to determine whether the public were
aware of the initiative, their thoughts about it and whether they registered
as a result
pre-initiative and post-initiative surveys to determine whether peoples
knowledge and awareness of registration and the electoral process has
increased as a result of the initiative
interviews with stakeholders to determine what they thought of the
initiative

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.

2.20 Consideration should be given to the resources allocated to evaluating a


particular project. The cost of the evaluation should be proportionate to the
cost of the project, but a satisfactory account of the effectiveness of an
individual programme cannot be given without 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.

Part I, page 23, February 2008


A
Public awareness leaflets produced by the Commission can be
ordered and delivered free of charge. For more information and a full
catalogue visit the Do Politics Centre at www.dopolitics.org.uk, or call
the Commissions distribution centre on 0845 8500 501. Leaflets are also
available in a variety of languages and formats on request.

2.22 Consideration should be given to how much information to include on a


leaflet. Well-written material will always enable people to make more informed
judgements quickly. A leaflet should not contain too much text. The aim of any
leaflet should always be clarity, strong argument and quality.

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.

2.25 In order to create a leaflet, the Commission recommends adhering to the


following:14

Contents. What needs to be said should be identified at the outset.


Though there may be lots of space on a leaflet, it is essential to be clear
and informative and not overpopulate the leaflet with text.

Text editing. The text of the leaflet should be:


persuasive
interesting to read
appealing and memorable

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.

Picture design. Pictures can help to get the message across. As a


general rule, if not using photographs taken by registration staff
themselves, pictures from official sources should be used. The Electoral
Registration Officer may also consider stocking photos or pictures
downloaded from the internet. When considering using images or graphs
from third-party sources, permission should be sought to re-use them.
The Commission has stock images available for use from the Do Politics
Centre (www.dopolitics.org.uk).

14
Adapted from Christian Aids Pressureworks website www.pressureworks.org.uk.

Part I, page 24, February 2008


Layout design. The layout of a leaflet needs to be carefully thought out.
It might be helpful to sketch out where blocks of text, headings, pictures
and suchlike will go. When deciding on the colour scheme, it is important
to remember that some readers may be colour blind or have a visual
impairment. Low contrast will make the text less user-friendly. Large
blocks of white text over a dark background can also be hard to read.

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.

Printing. It is generally best to give the job to a professional. Any printer


will print, cut and fold leaflets and may even help with the design. There
are different printing methods and these will depend on the number of
leaflets that need to be produced. For small print runs of around 500
leaflets or less, it might be worth considering digital printing. This means
the leaflets will be printed on a high-end colour photocopier and can use
as many colours as required. For larger print runs, offset printing will be
needed, which means that leaflets will be printed on a large printing
press. When using this method, it is cheaper to print with one or two
colours and more expensive to print in full colour. Electoral Registration
Officers should remember to get at least two or three quotes, asking
each printer to quote on exactly the same specifications, so that quotes
are easily comparable.

A
Section 1, Making registration accessible, above, provides guidance
on how to make publications more accessible.

Raising awareness among hard-to-reach groups


2.26 There is evidence that there are a number of societal groups that are
under-registered. Some of these groups are listed below, together with advice
on how to tailor specific campaigns to them.

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.

Part I, page 25, February 2008


2.28 Liaising with secondary schools and sixth-form colleges can be a good
way of ensuring that 16- and 17-year-olds are identified and made aware of
the electoral process. Local authorities may work with schools to become
involved in citizenship activities such as the running of school elections. It
may be appropriate for Electoral Registration Officers or their staff to attend
Local Democracy Week, or school/college-based events and to encourage
attendees to complete an electoral registration form.

2.29 It may also be appropriate for Electoral Registration Officers to attend


university freshers weeks to encourage university students to complete an
electoral registration form. Equally, it may be useful to establish relationships
with organisations or college staff responsible for assisting with
accommodation, so that student details may be obtained. Electoral
Registration Officers should also work with neighbouring local authorities that
also provide student accommodation where any cross-over occurs.

2.30 The Commission has produced a wide variety of resources aimed at


young people, teachers and youth workers. These include the Democracy
Cookbook, posters, postcards and other youth-oriented materials. These are
all downloadable from the Do Politics website (www.dopolitics.org.uk) and can
also be ordered in hard copy from the Commissions warehouse (see Part A,
Context, Section 6, Resources).

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 do politics workshop. The basic idea of this workshop is to take an


issues-based approach and talk about all the different ways in which politics
affects our everyday lives. On the Do Politics website the Commission has
provided a sample outline which can be adapted to suit the needs of different
Electoral Registration Officers. Many of the activities in the outline are drawn
from the Democracy Cookbook.

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.

Organise a Democracy Day. Democracy Days bring young people into


contact with elected representatives and aim to bridge knowledge gaps
around democratic institutions and the electoral process. These could be run
as a one-day conference, comprising interactive educational workshops
followed by a question and answer session.

Part I, page 26, February 2008


Do street marketing. Street marketing involves a team of staff or volunteers
making generally quite brief face-to-face contact with people, for example at
an event such as a road show or by offering giveaways from a stall in a
shopping centre. It can be a useful tool for targeting under-registered groups
as the information can be brought to them, rather than requiring them to seek
it out. Because it requires an immediate response, forms can be collected on
the spot, making the process of registration seem a lot easier. This also gives
the public the opportunity to ask about anything they do not understand.

Black and minority ethnic (BME) groups


2.31 The Commissions media campaigns target these groups specifically
and response from members of the community to these campaigns is an
essential criterion for measuring success. The Commission also produces a
range of forms and material directly aimed at BME audiences which can be
accessed through the Do Politics Centre (www.dopolitics.org.uk). These
include translations of some of the Commissions key materials, including:

Register to vote leaflet


Apply to vote by post leaflet
Who has my personal details? leaflet
Its easy to vote leaflet

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:

Which languages? Specific areas may have particular language needs


and so it is worthwhile contacting community groups to see if there is a
demand for translated materials. Even if there have not been any
requests, that does not necessarily mean that people do not require
translations. It may simply be that people do not know the information is
available and so it could be worth doing some outreach work.
Time and budget: Many organisations do not factor in how long
translations can take and so could end up having to pay extra for the
work to be completed quickly.
Layout: Translations may take up more space than the English version
of a document. It is important to allow for extra time and costs for design
of the completed translation. Many translation agencies will be able to
organise this.

Part I, page 27, February 2008


Proofing: It is possible to part-proof the document without being able to
speak the language. Punctuation, colours and headings can all be
checked to see if they are all in the right place. But it is advisable to get
the translator to check the final printers proofs.

2.34 Some communities have local radio stations which broadcast in


particular languages. A short piece on registration and canvassing may
promote awareness and could be used to give straightforward advice on how
the form should be completed. The corporate communications team within
appointing authorities may be able to assist with radio and newspaper
contacts. Some local authorities are able to link their web pages to translation
services in order to enable information to be given in other languages.

2.35 All those becoming UK citizens by naturalisation must attend a


citizenship ceremony, run by local authorities. Electoral Registration Officers
should consider how they could promote voter registration at these events.

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.

2.38 The following paragraphs provide examples of how to raise awareness


of registration among the blind and partially sighted, as well as among people
with learning difficulties.

2.39 To ensure that the information needs of people with a visual impairment
are being met, the following points should be considered:

Compile a list of those in the local area who require information in


Braille, on audio tape or in large print. This can be done by working with
the sensory impairment team (if there is one) in the local council or by

Part I, page 28, February 2008


contacting local disability charities. Whenever information is sent out, the
people on this list should then automatically receive information in their
preferred format.

Work with visual impairment support groups to distribute information.


Make sure that support workers are aware of the registration process
and what support is available.

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:

Electoral Registration Officers may want to work with local learning


difficulty groups to ensure that people with a learning difficulty have
access to assistance when registering to vote. They may also want to
develop a card that people can present to the Poll Clerk on election day,
which states that they have a learning difficulty and may require
additional assistance.

Some people prefer information that is presented graphically. This does


not necessarily mean they cannot read text, but symbols can help to
confirm what they think the text is saying. Materials relating to
registration could be produced in this format, and assistance should be
sought from groups that have experience of producing easy-read or
pictorial-supported text. The Commission has an easy-read guide to
voting that includes advice on registration, which Electoral Registration
Officers could distribute to disability groups in their area.

The layout of the text on printed materials is also important. Dyslexic


people may be able to read text more easily if the type, colour and size
of text are chosen with care.

Part I, page 29, February 2008


If there is a telephone helpline, it is important to train staff to be able to
take calls from disabled people, particularly from disabled people with
learning difficulties.

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:

distribution of the Voting information for armed forces personnel and


their families leaflet to units across the world
unit registration days taking place in all units, where UROs gave a
presentation and encouraged personnel to register to vote
advertising in service-orientated press titles encouraging personnel to
speak to their URO for information on registering

2.44 Registration of service electors can be supported in the following ways:

Help to arrange or attend a Service Electoral Registration Day at the


local barracks give a presentation, answer questions, put up posters
and hand out registration forms.
Talk to UROs about giving an article or interview to service media, such
as the British Forces Broadcasting Service, Garrison Radio, service
magazines or regional newspapers.
Talk to HIVE Information Officers in units these officers provide
information and support to the families of service personnel.

2.45 The following should also be taken into account:

If there is a military unit (barracks or base) in the registration area, make


regular contact with the URO. Remember that the URO role tends to
rotate fairly frequently as personnel are deployed.
Service voter declarations (registrations) are valid for three years, but it
is also important for the service personnel to update Electoral
Registration Officers when their address changes.

Part I, page 30, February 2008


Many service personnel can be posted abroad at short notice, which
means that many of them vote by post or by proxy. Make sure that
voting methods are explained fully, including the timescales involved and
the forms that need to be filled out in order to apply for them.
The families (spouses and civil partners) of service personnel can also
register as service voters if they wish, or may choose to register as
ordinary electors.

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.

2.47 In order to maintain a complete and accurate register it is vital that


Electoral Registration Officers reach out to homemovers. Electoral
Registration Officers should coordinate efforts with other departments within
the council, such as council tax, which might have data relating to this group.
Estate agents may also be able to provide some relevant information.

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.

2.50 Electoral Registration Officers can also sign up to receive monthly Do


Politics newsletters to stay up-to-date on electoral participation issues.

2.51 If Electoral Registration Officers know of any good case studies to


include on the Do Politics Centre, or would like more information, they should
contact the Commission at dopolitics@electoralcommission.org.uk.

Part I, page 31, February 2008


Part J Performance standards for Electoral
Registration Officers in Great Britain

Contents
1 Introduction

2 Development of performance standards for Electoral


Registration Officers

3 The performance standards framework

4 The self-assessment process


Performance standard 1: Using information sources to verify
entries on the register of electors and identify potential new
electors
Performance standard 2: Maintaining the property database
Performance standard 3: House-to-house enquiries
Performance standard 4: Maintaining the integrity of registration
and absent vote applications
Performance standard 5: Supply and security of the register and
absent voter lists
Performance standard 6: Public awareness strategy
Performance standard 7: Working with partners
Performance standard 8: Accessibility and communication of
information
Performance standard 9: Planning for rolling registration and the
annual canvass
Performance standard 10: Training

5 Legislation

6 Vision for quality electoral services


1 Introduction
1.1 The purpose of this guidance is to assist Electoral Registration Officers
(EROs) to complete their self-assessment reports against the Electoral
Commissions performance standards published on 21 July 2008.

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:

determine and publish standards of performance for relevant electoral


officers in Great Britain (EROs, ROs and RCOs)
direct relevant officers to provide the Commission with reports regarding
their performance against the published standards
publish its assessment of performance by the relevant officers against
the published standards

1.3 In August 2009 we issued a Direction to Report under PPERA, which


required EROs to provide us with a report on performance against the
standards. This is the second year EROs have been directed to report against
these standards. Returns should be submitted by 11 December 2009.

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.

Part J, page 1, August 2009


2 Development of performance standards for
Electoral Registration Officers
Development of standards
2.1 The Commission consulted on a draft set of performance standards for
Electoral Registration Officers (EROs) between March and June 2008 and
received 57 responses. We also discussed the contents of the standards at a
number of seminars nationwide and one-to-one with a number of electoral
administrators. We published a response to the consultation exercise,
outlining the comments that we received and explaining the reasons for any
changes to the standards.

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.

Links with guidance and support from the Commission


2.3 The Commission has statutory powers to provide advice and assistance
to EROs on the interpretation and administration of electoral law, and on the
promotion of electoral participation. We currently provide a range of guidance
and advisory services, briefing events, research and practical tools for use by
EROs and their staff. These are delivered through our devolved and regional
offices across Great Britain as well as through our head office in London.

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.

Part J, page 2, August 2009


3 The performance standards framework
3.1 The performance standards framework sets out what needs to be
achieved to support a well-run electoral registration process, and to provide
an objective process for assessing performance against commonly agreed
standards.

Objectives for performance standards


3.2 The standards outline the key requirements to support the effective
delivery of an Electoral Registration Officers (EROs) statutory duty. The
performance standards framework, including the reporting and assessment
process, has a number of related purposes:

public accountability providing assurance that a well-run electoral


registration process is in place to support complete and accurate
electoral registers
service benchmarking enabling individual EROs to compare
performance against their peers, identify and share good practice and
identify opportunities for improvement over time
policy development and evaluation providing evidence to policy
makers to support improvements in the legislation and funding for
electoral registration

3.3 We expect that the framework will continue to be used by a range of


individuals and groups, including:

electors those who are eligible to vote, and therefore dependent on


the electoral registration process to be able to do so
EROs responsible for delivering the statutory electoral registration
functions. The standards help to ensure that delivery of electoral
registration functions are well planned and managed by making clear the
expected approach in relation to a number of key areas.
councillors responsible for appointing EROs, and providing resources
for EROs to carry out their statutory duties. The standards framework
can help to provide assurance that electoral registration functions are
delivered effectively and provide value for money.
electoral administrators administer the electoral registration process
on behalf of EROs. The standards support the development of effective
plans for the delivery of electoral registration services.
governments and policy makers responsible for ensuring that an
effective legal structure is in place to support the delivery of electoral
registration functions. The standards framework can help to assess the
performance of the legal framework, and to identify areas where
performance improvement may need to be supported by legislative
change or further guidance and advice.
elected representatives/members of legislatures responsible for
scrutinising government policy and legislative proposals. The standards
framework can help to provide confidence in the electoral registration

Part J, page 3, August 2009


process They can also help to support the scrutiny of policy or legislative
proposals.

3.4 The performance standards framework focuses initially on identifying


agreed and consistent minimum standards of performance for EROs.
However, we also aim to support improvement beyond the minimum standard
wherever possible. The framework helps to highlight where additional work
may be required to support key electoral registration processes. However, the
Commission has no legal powers to direct EROs in the conduct of their
statutory duties, and the responsibility for delivering any improvement will
remain with individual EROs.

Part J, page 4, August 2009


4 The self-assessment process
Completing the performance standards
4.1 This section explains in more detail the self-assessment process for
Electoral Registration Officers (EROs) and contains explanatory notes on
completing the assessment against the 10 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.

4.3 The aim of the self-assessment process is to support a simple, but


comprehensive and systematic review of the statutory duties of an ERO. The
result should be an honest assessment which recognises areas not only
where performance is at or above the specified standard, but also where there
may be room for improvement.

4.4 The basis of the self-assessment is derived from four key questions
within the performance standards framework.

1. Do EROs have the appropriate plans and processes in place to satisfy


the definition of the standards?
2. How well do these plans and processes meet the needs and interests of
the key stakeholders?
3. Do EROs review and evaluate the plans and processes they have,
making changes or improvements where necessary?
4. How well are the plans and programmes supported?

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.

4.7 The performance standards are grouped in four subject areas


representing the most important areas that EROs should focus on to keep and

Part J, page 5, August 2009


maintain a complete and accurate electoral register. The first key subject area
(Completeness and accuracy of electoral registration records) is supported by
the standards in the other three subject areas, listed in Table 1 below.

Table 1: Performance standards for Electoral Registration Officers in


Great Britain

Subject area Performance standards


Completeness and 1. Using information sources to verify entries on
accuracy of electoral the register of electors and identify potential
registration records new electors
2. Maintaining the property database
3. House-to-house enquiries
Integrity of the 4. Maintaining the integrity of registration and
registration process absent vote applications
5. Supply and security of the register and absent
voter lists
Encouraging 6. Public awareness strategy
participation in the 7. Working with partners
registration process 8. Accessibility and communication of information
Planning and 9. Planning for rolling registration and the annual
organisation canvass
10. Training

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.

Part J, page 6, August 2009


4.11 The self-assessment form should be returned to the relevant Electoral
Commission devolved or English regional office by 11 December 2009. Once
the form has been returned and the returns collated, we will contact a random
sample of EROs to arrange verification of evidence. Any verification activities
carried out by us will look at the evidence held by EROs, not only to
demonstrate that their self-assessment is accurate, but also to look at
initiatives and practices which could be shared, with a view to improving
performance more widely. Furthermore, a thorough analysis of the information
will enable us to identify general and specific activities that might be required
to support EROs who are performing below the required 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.

Part J, page 7, August 2009


Completeness and accuracy of electoral registration records
Performance standard 1: Using information sources to verify entries on the register of Supports vision themes:
electors and identify potential new electors
Integrity a secure process for
Subject: Completeness and accuracy of electoral registration records registration and voting

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.

Part J, page 8, August 2009


Performance standard 1: Using information sources to
verify entries on the register of electors and identify
potential new electors
Meeting the performance standard (level 3)
4.15 To meet the Performance standard the ERO should be able to provide
details outlining the records they use, throughout the year, to verify and
validate entries on the register.

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.

Above the performance standard (level 4)


4.17 To be Above the performance standard, in addition to the above, the
ERO should be able to demonstrate that they have also taken steps to
proactively identify and contact potential new electors. They should be able to
provide details of the contact made with new residents arriving in, and moving
within, the local authority area and the action taken to register them.

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.

Part J, page 9, August 2009


and/or included in home-mover packs. The ERO should make attempts to
follow up such action, if required, to ensure returns from these properties.

Part J, page 10, August 2009


Performance standard 2: Maintaining the property database Supports vision themes:

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

Part J, page 11, August 2009


Performance standard 2: Maintaining the property
database
Meeting the performance standard (level 3)
4.20 To meet the Performance standard the ERO should be using the
records that are available to them, on a continuous basis throughout the year
to maintain the property database. The ERO should be able to provide details
outlining which records they use and when.

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.

Above the performance standard (level 4)


4.22 To be Above the performance standard, in addition to the above, the
ERO should also be able to provide details of what external sources they have
used, or have proactively attempted to use and how often, as well as details of
other activities undertaken to update the property database.

4.23 Other external sources of information the ERO may wish to use include:

Royal Mail 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. EROs may also obtain
postcodes for particular addresses, or addresses for postcodes, from
www.royalmail.com.
Returned letters can be an indication that the property is no longer
habitable and the ERO should therefore monitor any mail that is returned
to the office as undelivered on an ongoing basis.

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.

Part J, page 12, August 2009


Performance standard 3: House-to-house enquiries Supports vision themes:

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

Part J, page 13, August 2009


Performance standard 3: House-to-house enquiries
Meeting the performance standard (level 3)
4.25 To meet the Performance standard, the ERO is required to have a
comprehensive canvass plan. All plans should document:

criteria for when house-to-house enquires should be made


progress against the criteria outlined on page 12, such as recording
contact with 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.

Other resources to support the delivery of the annual canvass, including a


template canvass plan, are available to download from our website at:
www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/managing-electoral-registration-services

All registration support material is available to download in Microsoft Word


format to enable EROs to adapt it to their own local circumstances.

Part J, page 14, August 2009


Above the performance standard (level 4)
4.29 To be Above the performance standard, in addition to the above, EROs
should also have documented:

When and how house-to-house enquiries should be carried out, for


example:
where there are non-responses to requests for information
where the ERO has received information that the resident
requires personal assistance or
when information on residents at a property needs to be verified
Consideration of any needs or difficulties associated with particular
areas. This may include identification of any areas that are more
challenging to canvass and any relevant additional training for staff
working in those areas.
How canvasser performance will be monitored. For example, comparing
response rates for each canvassers round against the previous years
returns at the same point in the canvass, comparing response rates of
similar rounds to each other, and through frequent communication
between canvassers, supervisors and the ERO.
Their approach to carrying out house-to-house enquiries throughout the
year in connection with the identification of eligible residents.

Part J, page 15, August 2009


Integrity
Performance standard 4: Maintaining the integrity of registration and absent vote Supports vision themes:
applications
Integrity a secure process for
Subject: Integrity registration and voting
This standard aims to ensure that EROs have a process in place to identify any patterns of activity that might indicate electoral
malpractice.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO does not carry out any checks to ensure
meeting the the integrity of registration and absent vote
performance applications.
standard 2. The ERO has an informal system in place to check
the integrity of registration and absent vote
applications but does not document these.
Performance 3. The ERO has a comprehensive written plan outlining written plan
standard what steps are to be taken to deal with concerns details of what the threshold is for
about specific registration or absent vote the number of absent vote
applications. Suspicious registration and absent vote applications being directed to any
applications that meet the criteria identified in the one address
plan are referred to local police/Single Point of
Contact (SPOC), with whom the ERO has
appropriate links.
The ERO also has in place a threshold number of
absent vote applications being directed to any one
address.
The ERO retains registration forms for the life of the
register and original absent vote applications are
kept until the application is cancelled, or replaced by
a new form.

Part J, page 16, August 2009


Integrity (continued)

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.

Part J, page 17, August 2009


Performance standard 4: Maintaining the integrity of
registration and absent vote applications
Electoral malpractice definition
4.30 Electoral malpractice can be defined to include actions or conduct which
is contrary to electoral legislation or other legislation relevant to the electoral
registration process.

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.

Meeting the performance standard (level 3)


4.32 To meet the Performance standard the ERO should ensure that a
written plan is in place outlining steps to be taken to deal with concerns about
specific registration or absent vote applications.

4.33 The plan should identify:

Triggers that may indicate potential irregularities. Trigger situations may


include:
when a certain number of postal votes are redirected to a
particular address (details of what the threshold is for the number
of absent vote applications being directed to any one address
should be documented in the plan)
when the ERO has reason to question the registration or absent
vote applications presented to them, such as a number of forms
completed in the same hand, or a large number of forms from the
same property
The processes to be undertaken within the EROs office before reporting
situations to the relevant police officer/SPOC. For example, if the ERO
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. The ERO may also want to use their
power to inspect other council records as part of the process of
considering the application. Even after entries have been made on the
register, EROs have the power to conduct a review of registration and
they should do so where they believe that a person is not entitled to
remain on the electoral register.
When suspicious registration and absent vote applications are to be
referred to local police/SPOC
Policy for retention of registration and absent vote forms showing that
original registration forms are retained for the life of the register and
original absent vote applications are kept until the application is
cancelled or replaced by a new application. Retention of registration and
absent vote forms includes either scanned images or paper copies. The
Commission does, however, recommend the retention of original paper

Part J, page 18, August 2009


copies of applications where possible. This would enable checks to be
carried out in the event of the identification of clerical errors or a
malpractice investigation.

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.

A template integrity plan is available to download from our website at:


www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/managing-electoral-registration-services

Above the performance standard (level 4)


4.34 To be Above the performance standard, in addition to the above, the
ERO should also be able to provide risk assessment documentation. The
required risk documentation should include the general risks that are common
to all areas, such as applications requesting signature waivers for absent
votes and multiple applications for redirection of absent votes to a single
address. The risk documentation should also include those specific risks
identified for the EROs area.

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.

Above the performance standard (level 5)


4.36 To be at level 5 Above the performance standard, in addition to the
above, the ERO should also regularly evaluate the risk assessment, be able
to provide details of the people they engage with on integrity related issues,
offer advice to staff of multi-elector establishments and provide details of
checks conducted on absent vote applications.

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.

Part J, page 19, August 2009


Performance standard 5: Supply and security of the register and absent voter lists Supports vision themes:

Subject: Integrity Integrity a secure process for


registration and voting
This standard aims to ensure that once published, EROs ensure the full register is made available for public inspection and supplies
copies of the register and absent voter lists to those prescribed in legislation.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO has not supplied electoral registration
meeting the information to those entitled to receive it.
performance
standard
Performance 2. The ERO publishes and supplies the electoral details of publication of the register
standard register and absent voter lists to those entitled to date
receive them. The ERO provides training or guidance training plan or copy of guidance
to those staff who will be supervising access to the given to staff
register as well as guidance for recipients of the copy of guidance given to recipients
register as to the correct usage of their copy of the
register.
Above the 3. The ERO has a recorded complaints procedure in log of complaints or enquiries, and
performance respect of the supply and publication of the electoral action taken due to them
standard register. The ERO maintains a written record of any record of transactions and sales
complaints received and action taken. The ERO
records all transactions of sales and supply of the full
and edited register and maintains an up to date
record of the details of those organisations entitled to
receive it.

Part J, page 20, August 2009


Performance standard 5: Supply and security of the
register and absent voter lists
Meeting the performance standard (level 2)
4.40 To meet the Performance standard the ERO is required to publish and
supply the electoral register and absent voter lists to those entitled to receive
them, provide a copy of the guidance and/or details of the training that is given
to staff supervising access to the register, and a copy of guidance given to
recipients of the register.

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

Above the performance standard (level 3)


4.42 To be Above the performance standard, the ERO should be able to
demonstrate that they have a complaints process in place in respect of the
supply and publication of the electoral register. A complaints log should detail
any complaints received, action taken and the dates that this occurred.

4.43 It is important to note that a complaints process put in place by the


council will suffice to meet the criteria for this level as long as the ERO can
demonstrate that the log used enables the process outlined above to be
followed.

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.

Part J, page 21, August 2009


Participation
Performance standard 6: Public awareness strategy Supports vision themes:

Subject: Participation User focus an easy and accessible


process for candidates and electors

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

Part J, page 22, August 2009


Participation (continued)

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

Part J, page 23, August 2009


Performance standard 6: Public awareness strategy
Meeting the performance standard (level 3)
4.45 To meet the Performance standard the ERO must have a written
strategy, evaluation plan and a risk register to cover the public awareness
activities that they undertake.

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:

identifying target audiences it is important to identify which groups are


under-represented in terms of electoral registration in the area and those
the ERO wants to reach through their activity
clearly defined objectives and success measures, i.e. what does the
ERO want to achieve and what will success look like?
risks identification and mitigation the strategy or a separate risk
register should identify all risks and the necessary actions which are
identified to reduce or mitigate risks
resources (financial and staffing) it is important to consider how much
budget is available and whether there are any resources that can be
accessed, for example the Ministry of Justice Electoral Participation
Fund5
evaluation plan that records the results of the activities undertaken, and
is necessary for measuring the effectiveness of a project and
demonstrating achievements

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.

Further information including a template for a public awareness strategy, a


template evaluation plan and practical advice can also be found on the
Commissions Do Politics website at www.dopolitics.org.uk.

5
See page 25 for more details of the Ministry of Justice Electoral Participation Fund.

Part J, page 24, August 2009


Above the performance standard (level 4)
4.48 To be Above the performance standard, in addition to the requirements
above, the public awareness strategy should document a specific participation
budget, assess the needs of different audiences and the most effective
methods of reaching them, plan for different activities at different parts of the
year and have evidence that findings of the evaluation plan have been acted
upon.

4.49 When developing a public awareness strategy, budget considerations


should be taken into account. To be 'Above the performance standard, EROs
should be able to provide evidence that they have planned and used a
dedicated participation or publicity budget effectively. The public awareness
strategy should include reference to the budget and a breakdown of how the
funds will be spent.

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.

4.50 In addition to the evaluation plan described above to meet Performance


standard (which documents the activities undertaken and the results
achieved), the ERO should be able to provide evidence that they have
undertaken proactive evaluation in order to be Above the standard. The
purpose of proactive evaluation is to analyse the activity and results in order
to agree lessons learned that can be used to inform recommendations for new
or improved participation activity in the future. Proactive evaluation might
include evaluation meetings with key stakeholders/partners, evaluation reports
setting out lessons learned from the activities undertaken, or comparison of
the results achieved compared to the targets set in order to understand what
worked well and what did not.

Part J, page 25, August 2009


Performance standard 7: Working with partners Supports vision themes:

Subject: Participation User focus an easy and accessible


process for candidates and electors
This standard aims to ensure that EROs have researched the merits in working with appropriate partners, and work with them where
appropriate to promote electoral participation.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO has given no consideration to working with
meeting the any possible partners to promote electoral
performance participation.
standard 2. The ERO has identified the possibility and benefits of
working with partners but has not acted upon the
findings of this work.
Performance 3. The ERO has consulted other departments of the records of meetings/discussions/
standard local authority to promote electoral participation and correspondence with other
has evaluated the costs/benefits of a joint working departments
arrangement, and has ensured that duplication of record of work undertaken (such as
effort and unnecessary expenditure is avoided. evaluation plan showing results of joint
working)
Above the 4. The ERO actively engages with other departments of records of meetings/discussions/
performance the local authority and has identified and consulted correspondence with other
standard with external bodies (such as other authorities, other departments and external bodies
EROs, local media and community groups) to record of work undertaken and
determine whether working with partners can help evaluation of the specific value added
achieve the objectives of the public awareness by joint working
strategy. Joint work has been undertaken where plans for future joint working building
appropriate. The ERO has also developed an on the relationships developed
evaluation methodology for all activities undertaken
with external partners and uses this to plan future
work.

Part J, page 26, August 2009


Performance standard 7: Working with partners
Meeting the performance standard (level 3)
4.51 To meet the Performance standard the ERO must have consulted with
other departments of their appointing local authority and be able to provide
records of meeting/correspondence. The ERO is also required to evaluate the
costs/benefits of a joint working arrangement and able to provide evidence of
such evaluation to support the assessment.

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

4.52 In order to evaluate a joint working arrangement EROs should consider


all possible partners, what value they can add to the activity that is planned,
and any risks associated with any joint working. If then deemed appropriate
the ERO should also be able to demonstrate what work this led to being
undertaken.

Above the performance standard (level 4)


4.53 To be Above the performance standard, in addition to the above, the
ERO should be able to provide a record of correspondence with external
bodies and also be able to provide the evaluation methodology for activities
undertaken which is used to inform the planning of future joint working.

4.54 Possible external bodies that the ERO may want to engage with will
depend on local circumstances, but may include:

other EROs or ROs in the surrounding area


local media such as newspapers or radio stations
voluntary sector groups who may represent, or have influence with,
target audiences (e.g. youth democracy organisations, Operation Black
Vote, disability organisations)
schools and colleges
housing associations
sports clubs
faith groups

Part J, page 27, August 2009


a
Advice on evaluating participation activity, including ways to involve
partners, can be found in Part I Accessibility and participation.

The Commissions Do Politics website at www.dopolitics.org.uk also provides:

a template evaluation plan


a template evaluation report
a glossary of evaluation terms
information and guidance on public awareness work

Part J, page 28, August 2009


Performance standard 8: Accessibility and communication of information Supports vision themes:

Subject: Participation User focus an easy and accessible


process for candidates and electors
This standard aims to ensure that EROs effectively communicate electoral registration information and provide a simple and user friendly
way to access the information to encourage registration applications.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO provides information in one format and has
meeting the not taken account of the needs of different audiences
performance (for example translation or alternative formats). There
standard are no response mechanisms in place (such as phone,
website or email) to ensure that information is correctly
and appropriately communicated.
Performance 2. The ERO takes note of relevant legislation and record of research undertaken
standard specific research that has been carried out and/or examples of how the appropriate
consultation with appropriate organisations to languages and formats have been
determine the appropriate languages and formats to decided
communicate with the relevant audiences. The ERO details of how the most accessible
then communicates information in the most accessible method of communicating
way (website/hard-copy/telephony services) in the information has been decided
appropriate languages and formats. The ERO ensures details of the appropriate number of
that all outgoing communication provides the contact communication mediums have been
details of the local office to allow interested parties to decided
respond and find out further information.
Above the 3. The ERO is responsive to changes in the In addition to the evidence outline above:
performance demographics of the local authority area and actively details of the appropriate number of
standard researches whether further formats or languages are communication mediums have been
necessary. The EROs staff identify and provide decided
support for those who have difficulty filling out the details of what monitoring takes
necessary forms both at their offices and at the place
electors homes (when requested) throughout the details outlining method for providing
year. The ERO measures and records the success of support
different dissemination methods and bases future work evaluation plan
on this evaluation.

Part J, page 29, August 2009


Performance standard 8: Accessibility and communication
of information
Meeting the performance standard (level 2)
4.55 To meet the Performance standard the ERO should be able to
demonstrate what considerations have been made in deciding whether to
produce information in alternative languages and formats (which may include
taking note of relevant legislation, specific research and consultation with
appropriate organisations), and provide details of how the most accessible
method of communicating information has been decided. The ERO also
ensures that all outgoing communication provides the contact details of the
local office.

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:

discussing with relevant departments within the local authority (e.g.


communications, youth and community service teams, access officer)
liaising with other EROs
using research carried out by organisations, such as the Commission,
Local Government Association or government departments
working with organisations that represent certain audiences, such as
Operation Black Vote, the Federation of Poles in Great Britain, or the UK
Youth Parliament

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:

The communication needs of different audiences, for example, what


barriers do they have that may prevent them from participating?
The communication habits of different audiences how do they like to
receive information? How much detail do they need? What kind of media
do they engage with most (e.g. radio, press, face-to-face, leaflets
through the door)?

a
Part I Accessibility and participation includes information about
understanding and communicating with different audiences.

The Commissions Do Politics website at www.dopolitics.org.uk also provides:

a range of free materials such as leaflets in audio, large-print and Braille


and translated into different languages and posters (available to
download or order in hard copy)

Part J, page 30, August 2009


ideas and advice for improving access to information about the electoral
process
ideas for activities and events for different audiences
case studies of work by a range of organisations to reach different
audiences

Above the performance standard (level 3)


4.58 To be Above the performance standard, in addition to the above, the
ERO should also be able to provide details of what monitoring takes place to
enable them to be responsive to changes in the demographics of the area,
provide details outlining the method for providing support for those who have
difficulty filling out the necessary forms and provide evidence of the evaluation
that measures and records the success of different dissemination methods.

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:

meeting regularly with stakeholders such as other local authority


departments, community groups and other EROs, which will help the
ERO to stay abreast of such changes
feedback about accessibility needs (such as requests for additional
translations), which should be logged systematically and reviewed so
that new materials or information required can be scheduled and
implemented

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:

what methods work most effectively?


what other options are there and what evidence is there about which
approaches work best?
results of surveys/questionnaires/feedback about different methods

a
Advice on evaluation, including examples of success measures and
evaluation methods, can be found in Part I Accessibility and
participation.

Further information including a template evaluation plan and practical advice


can also be found on the Commissions Do Politics website at
www.dopolitics.org.uk.

Part J, page 31, August 2009


Planning and organisation
Performance standard 9: Planning for rolling registration and the annual canvass Supports vision themes:

Subject: Planning and organisation Professionalism a clear and consistent


approach to delivery
This standard aims to ensure that EROs have developed robust planning processes for rolling registration and the annual canvass.
Performance against the standard Assessment Evidence to support assessment
Not currently 1. The ERO does not have a comprehensive written
meeting the plan, and relies on unstructured management controls
performance such as oral or written updates, and past experience
standard only. Objectives, risks and resources are not
documented.
Performance 2. The ERO has put in place formal, written plans for plan(s)
standard rolling registration and the annual canvass. These risk register
should include: identification of required resources
clearly defined objectives and success measures business continuity arrangements
risks identification and mitigation
recruitment of temporary/permanent staff where
needed
financial resources
evaluation plan recording the results of the activities
undertaken
Above the 3. In addition to the above, the ERO has: plan as described above
performance planned for a specific budget for rolling registration business continuity plan
standard and for the annual canvass, with a breakdown of how
this will be used
identified and assessed the needs of the most hard to
reach audiences
a business continuity plan/succession plan to mitigate
unforeseen circumstances such as staff absences

Part J, page 32, August 2009


Performance standard 9: Planning for rolling registration
and the annual canvass
Meeting the performance standard (level 2)
4.62 To meet the Performance standard the ERO should have a written plan
for managing rolling registration and the annual canvass.

4.63 All plans should cover:

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

Above the performance standard (level 3)


4.65 To be Above the performance standard, in addition to the above, the
plan should also outline the budget, and identify the most hard-to-reach
audiences and any particular needs they may have.

4.66 The identification of need among the most hard-to-reach audiences


should include how the ERO plans to maximise registration in these groups.

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.

Part J, page 33, August 2009


Performance standard 10: Training Supports vision themes:

Subject: Planning and organisation Professionalism a clear and consistent


approach to delivery

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.

Part J, page 34, August 2009


Performance standard 10: Training
Meeting the performance standard (level 3)
4.68 To meet the performance standard all staff (whether permanent or
temporary) should receive training to understand and carry out their roles.

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.

Other resources are available to download from our website at


www.electoralcommission.org.uk/guidance/resources-for-electoral-
administrators/electoral-registration/managing-electoral-registration-services.

The resources include:


canvasser instruction manual template
purpose of the annual canvass of electors statement
template PowerPoint canvasser briefing session

Above the performance standard (level 4)


4.70 To be Above the performance standard, in addition to the above, the
ERO should also be able to provide a training plan and an evaluation plan.

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.

Part J, page 35, August 2009


5 Legislation
Sections 9A and 9B, Political Parties, Elections and
Referendums Act 2000
9A Setting of performance standards
(1) The Commission may from time to time
(a) determine standards of performance for relevant officers, and
(b) publish, in such form and in such manner as they consider
appropriate, the standards so determined.

(2) The standards of performance are such standards as the Commission


think ought to be achieved by
(a) electoral registration officers in the performance of their functions;
(b) returning officers in the administration of the elections specified in
subsection (6);
(c) counting officers in the administration of the referendums specified
in subsection (7).

(3) Before determining standards under subsection (1), the Commission must
consult
(a) the Secretary of State, and
(b) any other person they think appropriate.

(4) The Commission may determine different standards for different


descriptions of relevant officers.

(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.

(6) The elections specified in this subsection are


(a) an election mentioned in section 5(2);
(b) a parliamentary by-election;
(c) an election under section 9 of the Scotland Act 1998 (constituency
vacancies);
(d) an election under section 8 of the Government of Wales Act 1998
(vacancies in constituency seats);
(e) a local government election in England or Wales.

(7) The referendums specified in this subsection are


(a) a referendum to which Part 7 applies;
(b) a referendum under Part 2 of the Local Government Act 2000.

(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.

Part J, page 36, August 2009


9B Returns and reports on performance standards
(1) The Commission may from time to time issue directions to relevant officers
to provide the Commission with such reports regarding their level of
performance against the standards determined under section 9A(1) as
may be specified in the direction.

(2) A direction under subsection (1)


(a) must specify the relevant officer or officers to whom it is issued (and
may specify a description or descriptions of relevant officers),
(b) may require the report or reports to relate to such elections or
referendums (or both) as may be specified in the direction, and
(c) may require the report or reports to be provided in a form specified
in the direction.

(3) A report provided to the Commission in pursuance of subsection (1) may


be published by the relevant officer to whom it relates.

(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).

(5) An assessment under subsection (4)


(a) must specify the relevant officer or officers to whom it relates;
(b) must specify the period to which it relates;
(c) may specify the elections or referendums (or both) to which it
relates.

(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.

(7) Before publishing an assessment under subsection (4), the Commission


shall
(a) provide to each relevant officer a copy of those parts of the
assessment which relate to him;
(b) have regard to any comments made by him regarding the factual
accuracy of the assessment.

Part J, page 37, August 2009


6 Vision for quality electoral services

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.

Electors can expect Candidates and Those involved in Those involved in


parties can expect administration can expect Government and
the Electoral
Commission can
expect
Integrity To know information held Processes which Support from bodies such as The results of any
a secure about them is accurate are transparent the Electoral Commission, election are
process for and to be clear how it is and checked government departments and accepted by the
registration and used Accurate results local authorities public and
voting Their vote is confidential Independence from political candidates
and they can make it free parties The voter has
from pressure Police, courts and prosecutors confidence in both
To know their vote is who are conversant with the process and
counted electoral law the results
User focus A voting process that is To know how to External suppliers who deliver Electoral staff are
an easy and easy to understand stand for election what is expected of them proactive in
accessible To have a choice of ways Consistency of encouraging
process for to vote approach and registration and
candidates and To be able to vote in a way realistic voting
electors that suits their lifestyle and timescales Participating in
needs Clarity and democracy seen
Information and advice impartiality in the as part of active
which is accurate, prompt process citizenship
and easy to understand A clear process of
redress

Part J, page 38, August 2009


Professionalism To know if they are Those involved in That the legislative The service
a clear and eligible to register and administration of the framework and associated operates in line
consistent vote process to be fully rules are clear and with the legislation
approach to To know how and when conversant with consistently applied There is
delivery to register and what to do electoral law Focused and timely consistency in
if they move Consistent application training and guidance service delivery
To know where to get of electoral law and Legislation is introduced in
information and advice processes a timely manner
To know who and what Clear and timely That the electoral service is
they are voting for information, advice recognised as a customer
Young people to be and guidance facing service
educated and registering An appropriate
and voting balance between
speed and quality in
the process
Value for money Effective use of public Electoral Adequate resources are Maximum
efficient and money administrators to have available to deliver what is registration of
effective service the right skills expected eligible citizens
delivery Timely quality checks Local context, issues and Maximum
to be carried out priorities are recognised participation in
Appropriately skilled staff elections
are available in areas such Appropriate use of
as project management, public money
contract management and
Information
Communication
Technology

Part J, page 39, August 2009


Index
absent voting, F3, F7, F8, F1011, F1719, F30, G133, I31
application forms, C56, G14, G7, G10, G12, G313, H24
accessibility, I7, I12, I14, I15
applications, G411, G313
deadlines, G7, G10, G12
records and lists of absent voters, A1, E14, F11, F19, F24, G6, G19, G24,
G29, H203
marked, H78, H1617, H389
signature renewal, C6, D10, G8, G24
supply of, G29, H1617, H202, H389
timetable for, G1011
see also postal voting; proxy voting
accessibility issues see electoral registration: accessibility
age criteria, voting, B1, B24, C14, D56, E5
agents, election, G3, G4, H16, H17, H20, H22, H31, H35
annual canvasses, A57, B5, C134, D9, D13, E12, H2, I11
canvass forms, A7, A9, A13, C36, H24, I3, I1114
delivery of, C79, C15
opt-out box, C5, C256, C34, H4
retention of, C30, E15
see also personal canvassers
anonymous registration, B6, D20, D289, F1, F30, F3141, G13, H2
application process, D4, D5, D13, D16, F317
Association of Electoral Administrators and local authorities, A13, A14
asylum, persons claiming, B18
attainers, B24, C14, F6
attestations, F4, F7, F357, G1, G13, G1517, G20

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

candidates for election, G3, G4, H201, H22, H35, H38


nomination of, C32, F28, I3
supply of register to, B25, H1112, H16, H17, H29, H31, H35, H38
carry forward provisions of RPR 2001, C256, C31
Chinese Special Administrative Region passports, B19
citizenship ceremonies, B1617, E12, I28
clerical errors, C30, D12, D14, D1718, E15, H2
Commonwealth citizens, B1, B3, B15, B1719, B20, E5, F2, F15, I10
Consumer Credit Act 1974, H13, H15
council records, inspection of see Electoral Registration Officers: inspection of
council records

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

elected representatives, H20, H22, H29, H35, H38, I26


election periods, C302, D17, G4, G5, G6, G1011
11 day rule and, C30, C31, D13, D1517, D18, H2
election notices of alteration, C30, C31, C32, D1, D1213, D1417, H11
Electoral Administration Act 2006 (EAA), A3, A13, A15, I1, I3, I20, I21
Electoral Commission, A1, A1618, C302, D1417, F41, G257
contact/websites, A14, A1718, A18, A20, I7
forms and leaflets, A20, C34, D4, F3, F13, G3, I1011, I24, I27, I30
anonymous registration forms, F36, F38
canvass forms, C4, C34
translations of, C4, G12, I15, I27
guidance materials/resources, A13, A14, C12, C34, G4, G6, G313, I8, I11, I26,
I27, I31
public awareness, I212, I24, I26, I27, I30, I31
supply of register to, H10, H28, H38
electoral register
completeness and accuracy, C15, E116
edited version, A6, A15, C29, D7, H45, H7, H13, H14
European Parliamentary elections, A5, B2, B3, B15, B201
full version, A6, B2, C5, C29, C30, F39, H24, H1316
inspection of, A6, D1, H2, H68, H368, I12
integrity issues, A17, D8, D1011, D15, E1416, F32, G257, G30
local government electors, A5, B2, B3, B11, B15, B16, C1, D10
opt-out choice, C5, C256, C34, F8, F1617, F29, F39, H4
polling station/marked registers, G28, H78, H1617, H389
publication of (by 1 December), C27, C29, C303, D1, D13, E12, H25

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

false information/non-compliance penalties, C17, C24, D34, D25, E56, G26


Financial Services and Markets Act 2000, H15
fraudulent applications, A17, D1011, E89, E1416, G6, G7, G24, G30, H24

General Register Office for Scotland (GROS), C29, H10, H28


Government Communications Headquarters (GCHQ), F39, H11, H32, H39
Government of Wales Act 2006 (GWA), A2
Grant Aided Expenditure in Scotland, A15, I21
Greater London Authority, B3, B4, B15, D16, H11, H29
Guidance for candidates and agents (Electoral Commission), G4

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

Information Commissioner, E23, H245

jury service, B245, F39, H12

landlords, C23, C24, E5, E67, E10


languages other than English or Welsh, speakers of, C4, C14, G12, I1, I1011,
I15, I278

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

mayors, directly elected, D16, H26, H29, H31


mental health, B11, B1213, F26, G16, G17, I1, I89
proxy voting and, B1314, G11, G1617
Mental Health Act 1983, G16, G17
Mental Health (Care and Treatment) (Scotland) Act 2003, G16, G17
mental hospitals, B11, B1213, F26, G16, G17
Ministry of Defence, F13, F14, I30
Ministry of Justice (MoJ), A18, C31, D289, F35, G3
participation fund, A13, A15, I21
Money Laundering Regulations (1993, 2001), H15

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

qualifying addresses, B2, B69, C1, F6, F27, F28, F29


absent voting, G15, G19, G23, G24, G31, G32
anonymous registration, B6, F31, F37, F40
British Council employees/Crown servants, F21, F22, F24, F25
change of, D67, D9, D14, D15, D23
HM Forces service voters, F13, F15, F16, F17, F18, F19
overseas electors, B6, F2, F3, F5, F6, F8, F11, F12

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

safety tests, anonymous registration, F312, F33


Schofields Election Law, A14
schools and colleges, E12, I26
Scotland
absent voting, A4, A19, H22, H23
Boundary Commissions, H10, H28

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

time, computation of, C29, D1214


transfer lists, local authority, D6
translations of materials, C4, C14, G12, I1011, I12, I15, I278
travelling communities, B9, E11

Voter engagement and young people (Electoral Commission), I25


Voting information for armed forces personnel and their families (Electoral Commission
leaflet), I30

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

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