UK Parliamentary General Election Aberdeen North and Aberdeen South Constituencies th Polling Day: Thursday 7 May 2015 Instructions to Presiding Officers and Polling Clerks Election Unit January 2015 1 Contents 1. OVERVIEW AND INTRODUCTION TO VOTING 4 2. BEFORE POLLING DAY 6 2.1 Location of Polling Stations 6 2.2 Preparation for Polling Day 6 3. POLLING DAY – BEFORE THE POLLS OPEN 7 3.1 What Happens if the Keyholder to the Building Does Not Turn Up 7 3.2 Supplies and Materials 7 3.3 Standards of Appearance of the Polling Station Team 8 3.4 Polling Station Layout 8 3.5 Signs and Notices 10 3.6 Sealing the Ballot Box 10 3.7 Some Last Minute Checks Before Opening 11 4. POLLING DAY 11 4.1 Opening the Polling Station 11 4.2 Who May Be Present in the Polling Station 11 4.3 Summary of the Basic Voting Procedure 12 4.4 Stage One of the Voting Procedure – Checking and Marking the Register 13 4.5 Stage Two of the Voting Procedure – Issuing the Ballot Paper 14 Identity of Electors. 14 4.6 The Ballot Paper 16 4.7 The Security and Maintenance of the Polling Station 17 4.8 Security of the Polling Station – Keeping Order 17 5. THE CLOSE OF POLL 18 5.1 The Paperwork 18 5.2 The Ballot Paper Account 19 5.3 Packing Materials 19 5.4 Transporting the Materials to the Count Centre 19 5.5 Problems 19 2 6. REGISTRATION PROBLEMS 20 6.1 Under Age but Registered Elector 20 6.2 Miss-spelt Names and Electors Who Have Changed Their Names 20 6.3 A Person is Not On the Register of Electors in Your Polling Station 20 7. POSTAL AND PROXY ELECTORS 20 7.1 Who are Postal Electors and Postal Proxies? 20 7.2 Procedure for Proxy Electors 21 7.4 What if the Elector Turns Up to Vote Instead of the Proxy? 22 8. PERSONATION OF AN ELECTOR 22 9. THE PROCEDURE FOR TENDERED BALLOT PAPERS 23 10. A CHALLENGE AGAINST AN ELECTOR BY A POLLING AGENT 24 11. THE PRESCRIBED QUESTIONS 24 12. PROVIDING ASSISTANCE TO ELECTORS 26 12.1 Assistance for Electors Unable to Gain Access to the Polling Station 27 12.2 Certificates of Employment 27 13. DISORDER. 28 13.1 Serious Disorder 28 13.2 Emergencies 28 13.3 Incapacitated Persons 28 14. GUIDANCE ON TELLERS 29 15. THE MEDIA AND EXIT POLLS 29 16. ABSENT ELECTORS – POSTAL VOTES 30 17. REQUIREMENT OF SECRECY 32 BALLOT PAPER ACCOUNT 33 CONTACT DETAILS 34 3 1. OVERVIEW AND INTRODUCTION TO VOTING On Thursday 7th May 2015 there will be a General Election for the United Kingdom Parliament at Westminster. While it has no effect on how the election is conducted, this will be the first General Election to be conducted under the “Fixed Term Parliaments” provisions and that fact allows greater flexibility in the timing of various preparatory stages. In particular, it allows for staff to be appointed and trained well in advance. You should, therefore, have plenty of time to read these instructions and ask for clarification on any point which you do not understand. Many of you will have worked at previous General Elections and the basic framework remains the same but it must be remembered that this is the first major election following the Scottish Independence Referendum. While, like everyone else involved in the administration of the Election, the staff of the Election Unit (and all those employed in Polling Stations and the count) must be absolutely neutral on the merits of the various candidates and must not get involved in the political aspects of the various campaigns, it is fair to say that there were certain aspects of the Referendum which may have a practical impact on this election. (1)The most obvious of these is that, for the Referendum, the franchise (right to vote) was extended to 16 and 17 year olds. That is not the case for this election. The voting age has reverted to 18 and only those whose 18th birthday (as shown in the Register) is on or before Polling Day are entitled to vote. You may have to deal with would be electors whose expectations cannot be fulfilled. (2)Quite apart from young electors, the number of people who had never bothered to vote in the past but who chose to register in time for the Referendum was considerable and the turnout on Referendum Day was very much higher than normal. It is impossible to forecast whether turnout levels in excess of 80% will be maintained for this election but it is necessary to be prepared for that eventuality. What is certain is that there will be a number of “new” electors who may be unfamiliar with a ballot paper with a number of candidates and will require some explanation of the process. (3) An unfortunate aspect of the aftermath of the Referendum is the number of conspiracy theories which have been posted on social media sites alleging irregularities in Polling Stations which led to the result being “rigged”. These allegations are absolutely without foundation but they are persistent and some people would like to believe them. In order to supress such allegations before they arise, there are a number of minor aspects of Polling Station procedure which are given greater prominence than usual in this manual and should be emphasised on Polling Day. Needless to say, there will be intense political interest from candidates and their agents in how the poll is conducted. These various factors will lead to greater than usual demands on polling staff and the purpose of this manual is to give you confidence in meeting them. In many respects, however, it is a straightforward poll: There is a single ballot paper. Until nominations close it is impossible to predict how many candidates will be listed on it but it is likely to be of a manageable size. Electors are asked to mark a single “X” against one candidate of their choice. The Register will be in familiar form with letters indicating whether the individual has a right to vote in this election and the date on which an individual will attain voting age. 4 Those with no letter against their names CAN vote Those with the letter “F” CAN vote Those with the letters “E,G,K,L” or “U” CANNOT vote A date against an elector’s name indicates the earliest date on which he/she can vote. “F” indicates an overseas elector who is eligible to vote in this election (but is more likely to be an absent elector – see below) “L” indicates a peer who, being eligible to vote in the House of Lords, is not entitled to vote for a representative in the House of Commons “E” is a peer who is also an overseas elector and not entitled to vote in this election. (Both “L” and “E” categories are extremely rare) “K” indicates a European Union citizen (other than Cyprus, Malta and the Irish Republic) who is not able to vote in this election. “G” and “U” refer to European Union citizens who have chosen to vote in the UK in certain types of election only. They are not eligible to vote in this election. Note: (1) EU citizens in general are not entitled to vote in this election. The exception for Maltese and Cypriot citizens lies in the fact that they are also Commonwealth citizens and for Irish citizens in the statutory arrangements made at the time of Irish Independence. (2) Some confusion may arise from the fact that EU citizens were generally eligible to vote in the Referendum. In addition there may be letters which indicate an absent elector: The letter “A” indicates that the elector has chosen to vote by post and CANNOT receive an ordinary (white) ballot paper in the Polling Station. The letter “P” indicates that the elector has appointed a proxy to vote for him/her in the Polling Station. Either the elector or the proxy may vote, but not both. The letters “A” and “P” together indicate that the elector has appointed a proxy who has chosen to vote by post. Neither the elector nor the proxy may receive a ballot paper in the Polling Station. It is, of course, perfectly proper for a postal elector or postal proxy to hand in the voting pack which he/she has received by post, at a Polling Station or for someone else to hand it in on his/her behalf. In very rare circumstances the letter “N” will appear against an elector’s number without any name or address. This indicates an anonymous elector. These are the only electors who must produce a Poll Card as evidence of the right to vote. They must not be asked to provide their name and address. In addition to these letters and dates, remember that there MAY be certain electors who do not fall into the normal street list arrangement of the Register and will be grouped as “Other Electors” at the end of the Polling Station Register. Always check this if you can’t find the individual in the street listings. The following Polling Station guidance notes are based on a Polling Station having one Presiding Officer and one Polling Clerk. However, the Returning Officer may appoint additional Polling Clerks at her discretion. References to the “Returning Officer” refer to the Council’s Chief Executive as Returning Officer and who has overall responsibility for the conduct of the poll in the City constituencies. For most purposes your contact will be with the Depute Returning Officers in the Election Unit who act with the full power of the Returning Officer and any questions or comments should be addressed to them. 5 2. BEFORE POLLING DAY Polling day itself is an extremely busy day and your time will be at a premium. It is important therefore to plan ahead with as many details as possible and that you are fully aware of your duties and the procedures for which you are responsible. You must have read and fully understood this handbook. It is also important that you consider whether you have taken part in any activities on behalf of a candidate or political party which may call your neutrality into question. It is a criminal offence to work both for the Returning Officer and a candidate. While mere membership of a political party will not disqualify you, active involvement (even at a very basic level) in a campaign most certainly will, as will posting political statements on social media sites. If in doubt, contact the Election Unit. Remember that the Presiding Officer is personally responsible for what happens in their Polling Station and for the actions of the clerks. This is not a normal employment. You are a statutory Officer, answerable to the Courts in cases of breach of duty. In particular, all polling staff are bound by the statutory requirement of secrecy set out on page 33 of this handbook 2.1 Location of Polling Stations Do not assume that Polling Stations will be in the same building as they were for previous elections. It is important that all Polling Station staff know where their Polling Station is situated and how long it will take to get there. While, in many cases, parking will be available in the grounds of the Polling Place, you are not exempt from parking regulations if you have to park elsewhere. The location of your Polling Station will have been provided in your letter of appointment. If you choose to visit the Polling Place before polling day, remember that it may not have all the necessary ramps etc. in place – these are usually installed the night before by staff working for the Returning Officer – and that the janitor/caretaker may not have the full details of what will be provided. Do not, however, attempt to visit the interior of the building. Your letter of appointment will contain the identification code for your station. This will consist of two letters followed by four numbers, an oblique stroke and a further number e.g. DG01071/1. In Polling Places with more than one station, it is the number after the oblique which indicates your particular station - /1 is the number one station, /2 is the number two station etc. 2.2 Preparation for Polling Day Polling Day is a long and busy one for polling staff. Make sure you are prepared by bringing sufficient food and drink to last the whole day or make arrangements for it to be delivered to you, as you will not be able to leave the Polling Place. In some cases you may have access to a staff room with a kettle but you should not rely on this. If you take reading material for quiet periods, it should not be of a type which could be misconstrued as indication of a bias for or against particular 6 candidates. Note that there is no formal entitlement to meal breaks. Obviously you will need to eat and common sense arrangements need to be made between PO and PC to allow each other a break at quiet times. Staff must not however leave the grounds of the Polling Place. Think about what you are going to wear. Smart but casual is probably the best description but remember that you need to be comfortable for 15 hours and that some Polling Places can be chilly. Obviously you must not wear any badge or emblem representing a particular candidate or party, but remember that in the highly charged political atmosphere following the Referendum, people are likely to be looking for bias where none exists. Think of the implication which could be read into a Scotland rugby shirt or a Team GB Olympic sweatshirt. If possible avoid anything with text or logo. Remember to take a watch or clock with you to the Polling Station and check its accuracy before you leave home. 3. POLLING DAY – Before the Polls Open As usual, it is the responsibility of the Presiding Officer, assisted by the Polling Clerk to set up the Polling Station. The Presiding Officer and the Polling Clerk should arrive at the Polling Station by 0615 at the latest. Note, however, that key holders have been told to open the premises at 0615 so may turn up at the last minute. If you are unavoidably detained or unable to attend your Polling Station, please contact the Election Unit without delay. Do not wait until the last minute. The office will open no later than 0600 hrs. on polling day and an answering service operates out of hours. If the other member of staff has not turned up shortly after 0700 hrs, contact the Election Unit who may be able to arrange a substitute. It is perfectly proper for you to operate the Polling Station on your own in the meantime. If you are a Polling Clerk and the Presiding Officer has failed to turn up by 0700, it is perfectly legal for you to run the station on your own until the Election Unit can provide assistance. 3.1 What Happens if the Keyholder to the Building Does Not Turn Up Try to contact the key-holder and alert the Election Unit immediately. Do not wait until 0700hrs. but remember that keyholders do not have to be present before 0615. If you still cannot gain access, contact the Election Unit to get instructions. Whatever the situation, you must remember to protect the security and secrecy of the ballot – electors must cast their vote in secret – and you must open the Polling Station at 0700 and close punctually at 2200. 3.2 Supplies and Materials All the equipment and materials which you require will have been delivered to the Polling Place in advance and kept in secure storage overnight. In most cases there will be a caretaker or other keyholder present when you arrive and they should be aware of the storage location. If there is a problem, contact the Election Unit well before 0700 so that, if necessary, replacements can be supplied in time for the opening of the poll. A checklist of Polling Station supplies will be provided by the Election Unit with the ballot box. The contents of the ballot box must be checked immediately on receipt. Note that the ballot 7 box will be sealed when you receive it since it will contain the ballot papers and other documents which must be kept secure. This has confused staff in the past. You must remove the seal by pressing the centre yellow tab out from its surrounding ring and tearing it back like a ring pull can. You should not require scissors or a knife. If you find on checking the contents that any of the equipment or materials listed on your inventory is missing, please contact the Election Unit immediately. In particular – check immediately that you have the minimum essentials in order to run a Polling Station – ballot papers, the Register of Electors and a corresponding numbers list. Note that pencils, pencil sharpener, string, sticky tape, additional signs etc. will be in the “Sundries Pack” supplied to you. (Usually a black plastic zipped bag with green writing (and a label saying “Sundries Pack”). This should not be confused with the black wallet for postal votes.) While this may seem obvious, past experience has shown that some PO’s don’t open this pack! It is uneconomic to reuse these stationery items at future elections, so feel free to take them away at close of poll. Check that the ballot papers are the correct ones for your Polling Station (details on the back of each paper should match the Corresponding Numbers List), that the printing of numbers is sequential and that there are no obvious printing errors. 3.3 Standards of Appearance of the Polling Station Team The atmosphere in the Polling Station should be business-like and friendly. While you should be friendly and helpful to electors, you should not patronise them. You will be provided with a badge identifying you as an Election Official. This must be returned at close of poll. 3.4 Polling Station Layout The first job on your arrival is to set up the Polling Station. The layout of the room is important. The booths supplied will be the usual self-assembly four compartment ones with one low-level shelf. An example of the layout for a room where there is one Polling Station is set out below. This is shown as a guide and you may have to adapt it to meet local circumstances. 8 Please make sure that there are no campaigning posters or other material that might be construed as supporting a particular candidate or party. If you do discover any such materials, they must be removed or covered up. (In schools this may include any Current Affairs project work pinned up on the wall – cover rather than remove). Remember to take full account of the needs of the disabled electors. Is the ballot box accessible? Are the signs at a height where they are readable by all electors including wheelchair users? Is there sufficient space for wheelchair access to the voting compartments? Is there adequate lighting? If the disabled entrance to your Polling Station cannot be seen from your Polling Station, you will have been provided with a door bell. Ensure that it is properly positioned and working. The sounder must be relatively close to the bell push and it may be necessary to place it somewhere other than on the desk. In arranging the Polling Station furniture it is important to take full account of the following: In most Polling Places there will be more than one Polling Station. Make sure that it is clear which electors should attend at each station and that the Polling Stations and, in particular, each station’s polling booths and ballot boxes, are kept separate. (Barriers and additional barrier tape will have been provided but experience as the day progresses may suggest that you need to supplement these with chairs and tables). The ballot box and polling booth should be arranged to ensure that they are accessible and also allow the Presiding Officer to maintain full control of the voting process. The ballot box should be placed at a height which makes it accessible to all electors. Experience suggests that it should be placed on a chair rather than on a table. 9 Presiding Officers must position themselves and the ballot box in such a way as to prevent any elector from leaving the Polling Station without passing them and putting the ballot paper in the box. Make sure that those electors with a disability are cared for as well as is possible. It is sometimes regarded as good practice to provide a few chairs for the benefit of elderly/infirm electors. If you do, remember that secrecy of the ballot is paramount and that the statutory rules as to who may be present in a Polling Station do not include those who have already voted. Electors should not be encouraged to linger in the station. 3.5 Signs and Notices The following signs have been provided and must be displayed as instructed: (1) Instructions to Electors. These should be displayed in each polling compartment and on the Totem “Poll” (The play on words is deliberate by the manufacturer). (2) Large scale ballot paper for the benefit of electors with sight difficulties (see later section). This should be prominently displayed on the Totem Poll where it can be pointed out to electors. There will also be a large, laminated version which the elector can take into the voting compartment. (3) Street Lists. These should be prominently displayed on the Totem Poll. A street list showing the allocation to each Polling Station should also be displayed at the entrance to the Polling Place where there is more than one Polling Station. In Polling Places with more than one station, numbers will be provided which should be posted with the streets lists at the main entrance and on the Totem Poll to allow electors to identify their station quickly. Other directional signs will be provided and you should use these as appropriate. You do not have to use all the signs provided. Clarity is essential and too much signage may be as bad as too little. It may be useful for someone else to follow the signs from the street to the ballot box to make sure they are logical and easy to follow. In Polling Places where electors may approach from a number of directions (particularly different streets) make sure that there are adequate signs indicating the door to be used. Electors approaching the building must not be faced with a locked door and no indication of where to find the Polling Station. 3.6 Sealing the Ballot Box The Presiding Officer should close and seal the ballot box a few minutes before 0700. If Agents are present you should show them that it is empty before you seal it. Note that there are cardboard inserts to stiffen the sides of the box. These should not be removed and you should make sure that they are securely positioned before sealing the box. In the unlikely event that it seems your ballot box may be full prior to the close of poll, contact the Election Unit for a spare. Even if the turnout is high, the ballot papers are likely to be fairly small and the number of electors allocated to each station relatively low, so it is unlikely that you will require a second box. Boxes should be sealed with single use plastic security seals, each of which has a unique number. Do not seal the slot until the close of poll and retain a seal for this purpose (In the past some PO’s in their eagerness to make the box secure have sealed the slot in the morning!) 10 Remember that the purpose of sealing the box is to ensure that no papers can be inserted or removed by unauthorised individuals: make sure that the seals are pulled tight. Seal numbers should be recorded on the Ballot Paper Account. There is no magic in the number of seals to be used: what is important is that the box cannot be tampered with, without breaking whatever seals you put on it. While it rarely happens, agents are entitled to affix their own seals to the box but only at close of poll and if asked you should facilitate this. Sealing wax should not be used. 3.7 Some Last Minute Checks Before Opening Just before you open the Polling Station take a few moments to double check that everything is ready – materials all present and layout appropriate. Ensure that the official envelopes, unused books of ballot papers, tendered ballot papers and other official documentation are safely out of reach of electors. Check that you use your ballot papers commencing with the lowest serial number. This will save a lot of accounting problems at the close of poll. Check also that the pencils are sharpened and securely tied to the polling booths. These should be checked regularly during the day. A number of enquiries have been received as to why we provide pencils and not pens and whether this does not provide an opportunity for votes to be altered. Pencils have always been provided since they have a number of advantages. The thick black pencils provided leave a very clear mark which cannot be erased without leaving a trace. They do not run out of ink. A stubby pencil may be easier to hold for someone with arthritis or the like and the clear mark may be easier to see than a faint pen trace for someone with partial sight. The courts have, however, held that, so long as there is a clear mark on the ballot paper, it doesn’t matter how it is made. If electors want to use their own pens, there is no problem. 4. POLLING DAY 4.1 Opening the Polling Station The Polling Station must open at precisely 0700hrs. There are often a number of electors, usually people on their way to work, who arrive promptly at the opening of the poll and are in a hurry. You may even find electors waiting for the Polling Station to open. Even if there is a queue you cannot let anyone vote before 0700. 4.2 Who May Be Present in the Polling Station The following persons may be present: Electors, companions of disabled electors and children accompanying electors One Polling Agent for each authorised campaigning organisation at a time On-duty Police Officers and City Wardens The Returning Officer and staff appointed by her Electoral Commission officials/Official Observers The Presiding Officer can restrict the number of persons in a Polling Station if necessary to avoid disruption of voting. You cannot, however, eject Polling Agents or Electoral Commission Officials. 11 Each Candidate may appoint Polling Agents, who must produce their authorisation card from the Returning Officer. Unlike Tellers they have the right to enter the Polling Station and observe voting. The principal reason for this is to allow the candidates to detect and deter people impersonating electors, a crime known as “Personation”. Only one Polling Agent per Candidate may, however, be in a Polling Station at any one time. It is likely that you will receive a visit from most Polling Agents at some stage during the day but they must not disrupt voting or attempt to canvass electors. It is permissible for a Polling Agent to be in the Polling Station during the whole hours of poll but this is very unusual. Such an Agent is entitled to mark off electors on his/her own copy of the Register but cannot take that copy out of the Polling Station during the hours of poll. Normally Agents will visit occasionally and will be interested in the number of ballot papers which have been issued. They are entitled to this information. They are not entitled to communicate details of who has voted (or not voted) to anyone outside the Polling Station during the course of the Poll. Candidates and Election Agents will probably make brief courtesy visits. They have the same rights as Polling Agents. The use of mobile phones by Polling Agents (or anyone else, including staff) within the Polling Station is forbidden except for official purposes. Photography is, for obvious reasons also forbidden and you should advise anyone who may be taking a photograph that publication of the photograph (which includes simply showing it to anyone else) may result in criminal prosecution. See the Requirement of Secrecy on page 33 of this handbook During the course of the day you may receive a visit from the Returning Officer or one of her representatives and/or senior Police officers. Electoral Commission officials and/or Official Observers may also visit – they will carry identification. Remember that, despite the name, the Electoral Commission has no role in the conduct of the election. They are there to observe, not to provide assistance. Full details of the rights of Commission officials and other Observers are provided in the handbook supplied by the Commission, a copy of which you should have. 4.3 Summary of the Basic Voting Procedure The majority of people who come to your Polling Station will be eligible to vote and the voting process for them is very straightforward. This summary is based on the normal division of labour between Polling Station staff, but the duties are, of course, largely interchangeable. The only power of a Presiding Officer, which cannot be discharged by a Polling Clerk is to exclude a person from the Polling Station. Greet the elector, ask for his/her name and address and check eligibility to vote (Polling Clerk) Mark the Register against the number of the elector by placing a straight line through the elector’s number and name (Polling Clerk) Read out the number and name of the elector (Polling Clerk) Write the elector’s registration number including the polling district reference letters/number against the ballot paper number on the Corresponding Number List (Presiding Officer) Note that while most electors have a single number of up to four digits e.g. 1234, rolling registration means that electors can be added at intervals up to the cut-off date for a particular election. To avoid the need for a complete re-numbering, these additional electors are allocated numbers e.g. 1234/100, 1234/200 etc. Both parts of the number must be entered. 12 Issue Ballot Paper with any necessary explanation (Presiding Officer) Elector marks the ballot paper in the privacy of the polling booth Check that the elector puts the ballot paper (and only the ballot paper) in the ballot box. (Presiding Officer and Polling Clerk). It is important for this purpose that the elector shows the security marks on the BACK of the ballot paper to the Presiding Officer before putting it in the box. Obviously the face of the paper with the marked vote should be kept secret. This point has not always been emphasised in the past but one of the assorted unfounded myths published in connection with the Referendum suggested that some voters had been given ballot papers which were blank on the back. To minimise the risk of any such falsehood being published in connection with this election, it is important that the elector’s attention should be drawn to the checking of the official marks on the back of the paper Say “Goodbye” as the elector leaves the Polling Station (Presiding Officer and Polling Clerk) 4.4 Stage One of the Voting Procedure – Checking and Marking the Register Is the Elector in the Correct Polling Station? Please greet the elector as they approach the table. If there are two or more Polling Stations in the Polling Place, make sure that electors are in the correct one. The No 1 Presiding Officer should place a sign at the entrance to the Polling Place listing the streets/addresses or alphabetical division of electors for each station. Where there is a very large number of Polling Stations, or the layout of the premises is particularly complicated, additional “Information Officers” may be provided to guide electors. All electors will have been issued with a Poll Card which gives their name, address and electoral number as well as details of the Polling Station to which they have been allocated. This may be useful in finding the individual on the Register but remember that an elector (other than an anonymous one) does not need to produce a Poll Card and that production of a Poll Card is not an alternative to giving name and address orally. Postal Voters will also have received Poll Cards identifying them as such. It is expected that these cards will be a different colour for ease of identification. Process for checking: Ask the Elector for their name and address and check to see if they are on the Register and eligible to vote. Even if a person (other than an anonymous elector) hands in a Poll Card, you must still ask for and check the name and address (Polling Clerk). This is particularly important where there are several people with similar names at the same address. Be particularly careful with middle names. Someone coming into the Polling Station and calling himself John Smith could simply be John Smith but he could also be John Smith with a host of middle names. If you have both a John Smith and a John Algernon Smith on the register at the same address, make sure you know which is which. John A. Smith could be listed as John Smith but is unlikely that John Smith would be listed as John A. Smith. If you mark John A. Smith off on the register as John Smith, you have potentially created circumstances where John Smith could appear to be guilty of personation if he subsequently comes in to vote. 13 Only individuals whose names are on the Register or their duly appointed proxies (listed on the List of Proxies) can vote. A proxy must be formally appointed and listed by name on the List of Proxies – mere possession of the elector’s Poll Card is not sufficient. Any Poll Card which the elector does not want to take away should be kept and put in the bin – the elector cannot return to collect it afterwards. There are NO Data Protection considerations to bear in mind – it is not confidential information and, even if it were, it is the elector who has chosen to throw it away. Read out the Elector’s name and electoral registration number (Polling Clerk) Draw a straight line through the whole entry in the Register (Polling Clerk) If an elector’s name is scored off by mistake you should write “stet” against it and proceed to mark the correct name. This must only be done immediately after the mistake is made. If the elector marked in error comes in to vote, simply delete the word “stet”. Who is Eligible to Vote? Most electors just have their name, electoral number and address shown in the Register. These electors are eligible to vote in any poll. Some, however, will have a letter or date between their number and surname. A letter indicates eligibility to vote in certain elections. Who can vote? Anyone without a date or letter against his/her name CAN vote. Electors with the letter “F” against their names CAN vote (but are likely to have a postal vote or to have appointed a proxy) Electors with the letter “E”, “G”, “K”, “L” or “U” against their names CANNOT vote. Anyone with a date against his/her name which is after Polling Day CANNOT vote. Electors who have the letter(s) “A” or “A” and “P” against their names have already been issued with a postal vote and CANNOT vote in person at a Polling Station. (“A” and “P” means a postal proxy has been issued and neither the elector nor the proxy can vote). See also section 16 below where a voter says that a postal vote has not been received. The letter “P” against a name indicates that a proxy has been issued. Either the elector or the proxy can vote but not both. The letter “N” without a name indicates an anonymous elector. Entitlement to vote is determined by any other letters. Anonymous electors are the only electors who must produce a Poll Card. 4.5 Stage Two of the Voting Procedure – Issuing the Ballot Paper Identity of Electors. Electoral fraud has never been a serious problem in Aberdeen and there is no evidence that this will change for this election. It would, however, be foolish to ignore the fact that this is a particularly important poll and that some individuals may be tempted to use votes belonging to others who may choose not to vote, or be unable to use their votes. You should, therefore, be vigilant in ensuring, so far as you are able, that everyone seeking a ballot paper is the elector who is entitled to receive it. 14 You have, however, no right to seek any form of proof of identity and if a person’s name is on the Register, without any disqualifying letter or date, you must, after asking the prescribed questions if you have any doubt as to their identity, issue a ballot paper. If it is obvious that the elector is not qualified, (e.g. a young child, or, as has happened elsewhere, a cat or dog), you should (a) point out to the would-be elector and any companion, that to vote when not qualified is an offence which you will report for possible prosecution and (b) ask the prescribed questions which the would-be elector must answer unaided. Report any such cases to the Election Unit immediately. A change of address since the Register was made up does not affect the right to vote. Rolling Registration now means that changes of address will be picked up sooner but the Poll Card will have been sent to the address at which the elector is registered and it is that entry which determines the right to vote and the Polling station which the individual must use. An individual who has changed address should be advised to contact the ERO to ensure that the Register is brought up to date for future polls. Trifling errors in the Register (e.g. spelling) do not affect the right to vote but pay particular attention to middle initials and remember the possibility of diminutives before refusing a ballot paper. Issuing Ballot Papers – Normal Procedure If the Presiding Officer is satisfied that the elector is on the Register and eligible to vote, that individual must be issued with a ballot paper. The Polling Clerk reads out the elector’s name, the polling district letter(s)/number(s) and the registration number of the elector. The Presiding Officer will: 1. Write the elector’s electoral number (including the polling district letter(s)/number(s), and including any suffix e.g. 1234/100) on the Corresponding Numbers List against the number of the ballot paper. Check that the number on the back of the ballot paper coincides with the next number on the Corresponding Numbers List to ensure that ballot papers are not stuck together and make sure that the elector sees you doing this. 2. Note that nothing should be marked on the stub in the ballot paper book and obviously nothing should be written on the ballot paper itself. There is no longer any requirement for an official mark to be punched into the ballot paper at time of issue. The official mark is a pre-printed greyscale logo on the face of the paper but there are also unique security codes on the back of each ballot paper. 3. Hand the ballot paper to the elector. Why do I write the elector’s Registration Number on the Corresponding Numbers List? Electors sometimes ask why their number on the Register is recorded on the Corresponding Numbers List and whether this is not an infringement of the secrecy of the ballot. This has been a legal requirement in one form or another since ballot papers were first introduced. (Previously the number was written on the counterfoil). It is done to protect electors against fraud. The Corresponding Numbers List, the marked copy of the Register and the used ballot papers are all kept in official custody in separate sealed packets. While the marked register is available to candidates, the Corresponding Numbers List and used ballot papers can only be opened following a Court order where there has been an allegation that an election offence has been committed and they are needed as evidence. In any event, it would be a major task to identify any particular ballot paper from the thousands counted. 15 What happens if an elector does not appear on the Register? 1. Check that the address is one allocated to your Polling Station. If not, redirect the elector to the appropriate station. Remember that there may be more Polling Stations than usual, so an address which might normally be allocated to Station 1, may on this occasion, be allocated to Station 2. 2. While most electors appear in street/address order there may be a number of “Other Electors” who don’t fit into the normal pattern and who appear in a separate section at the end of the Register. You MUST check this before informing an elector that he/she is not on the Register and cannot vote. It is a serious criminal offence to deny a vote to someone who is properly registered. Remember that “Other Electors” are listed as such precisely because they do not fit into the normal street list arrangements and, where there are several Polling Stations in the Polling Place, an “Other Elector” may turn up at a station which does not have him/her listed. Check with the other stations. 3. While it is very, very rare, there can be mistakes in the Register and there is now a procedure for the Electoral Registration Officer to correct clerical errors even on Polling Day itself. The ERO will provide details of any such corrections to you. If a person who is not on the Register is adamant that he/she is registered to vote, at an address allocated to your station, and you have no note of a correction, the elector MUST be told to contact the Electoral Registration Officer (tel: 01224 664848) who may be able to help. You will have a number of [yellow] sheets for recording clerical errors notified to you by the ERO. These should be put in the [yellow] envelope at close of poll as they form part of the marked Register. Please note that these sheets are not for recording anything other than information from the ERO. The Incident Log for other types of occurrence is on GREEN paper. 4.6 The Ballot Paper There is one ballot paper, which should be marked by placing an “X” against the name of a single candidate. Any other mark may invalidate the paper, although a tick or numeral “1” will be accepted. Most candidates will be representing a political party and the party emblem will appear against their names. There may, however, be one or more Independent candidates. By statute, they are not allowed to use any form of emblem and can only be described as “Independent” on the ballot paper. While you can explain the layout of the ballot paper and the method of voting to an elector, you must not give any information or opinion as to any candidate’s policies. Stage Three of the Voting Procedure – Voting An elector should mark their ballot paper in the privacy of the polling booth. The votes are to be counted manually, so there is no problem if the elector folds the paper to put it into the ballot box. It is actually desirable that they should do so as you must make sure that the elector shows to you the security codes on the BACK of the paper before it is put in the box. What do I do if an elector makes a mistake and spoils a ballot paper? Do NOT issue a tendered (pink) ballot paper 16 Sometimes electors do make mistakes, by marking against the ‘wrong’ candidate and it is perfectly proper to issue a replacement ORDINARY [white] ballot paper in such circumstances, so long as the mistake is recognised before the original paper is put in the ballot box. If an elector says that he/she has made a mistake, first take the spoilt ballot paper from him/her; cancel it by writing “Cancelled” across the face of the ballot paper and against that ballot paper number on the CNL and then issue a replacement ballot paper in the usual way, not forgetting to write the elector’s electoral registration number (including polling district prefix) on the Corresponding Numbers List against the number of the new ballot paper. The cancelled ballot paper should be put in the sack for unused and spoilt ballot papers and NOT in the ballot box. At the close of poll the Presiding Officer must count and record the number of spoilt ballot papers on the Ballot Paper Account. Once a ballot paper is in the ballot box it is too late to correct any mistake. If a ballot paper is torn (either when removing it from the book or after it has been delivered to the elector) treat it as a spoilt ballot paper as above. Do not try to repair it with sticky tape. 4.7 The Security and Maintenance of the Polling Station The Presiding Officer is responsible for the security and maintenance of the Polling Station. Electors expect their Polling Station to be conducted in a calm and orderly manner so they can vote free from harassment, intimidation or undue influence. 4.8 Security of the Polling Station – Keeping Order The Presiding Officer must maintain order in the Polling Station, and has the power to order a person’s removal from the Polling Station. An individual entitled to vote at the station must nevertheless be allowed to vote before being removed from the Polling Station. The Presiding Officer should call for a Police Officer (if available) either to remove someone from the Polling Station or arrest him/her (see later section on dealing with problems and special voting procedures) if they are disrupting the Polling Station. It is unlikely that there will be a permanent Police presence at your Polling Station but you will be provided with a contact number for the Police. In this context, the Polling Station is the room where the ballot boxes and polling booths are located and the ballot papers are issued under the control of a particular Presiding Officer and not the whole Polling Place. A person who has been removed from the Polling Station may only be readmitted on the authority of the Presiding Officer. Local practice by mutual consent of the political parties and tolerated by the Returning Officer has allowed “tellers” (i.e. representatives of Candidates who have no formal authority) to gather outside the door of the Polling Place rather than in the public road. In most cases they are polite and good humoured both to electors and each other and add something to the sense of “occasion” surrounding the election but you should make sure that neither their numbers nor attitude could be seen as deterring electors from entering the Polling Place. Tolerance extends only to the point at which Tellers cause inconvenience to electors or any Candidate or Agent objects. At that point you must require Tellers to confine their activities to the public road where they are a matter of general law for the Police and not the Presiding Officer although cases of serious disruption or harassment should be reported to the Police immediately. 4.9 Maintenance of the Polling Station The Presiding Officer should regularly check the Polling Station and its surroundings. It should be tidy and electors should have unimpeded access at all times. 17 As you inspect the premises you should: Check signs and notices. Replace or repair any defaced or damaged ones Make sure the entrance to the Polling Station is not blocked Instruct anyone who is campaigning in the Polling Place to leave Make sure that there is sufficient light for electors in the polling booths – the Election Unit can supply additional lighting. Make sure that the pencils are still attached to the booths and are still usable Remove any paper in or around the booths particularly papers of a campaigning nature Check the ballot box seals Give the ballot boxes a shake or use a ruler to push the ballot papers down Keep the Polling Station reasonably clean and tidy 5. THE CLOSE OF POLL The Poll must close at 2200. Make sure you close the doors to the Polling Place at exactly 2200 Any elector who joined a queue before the close of poll must be allowed to vote. In these circumstances, electors in a queue at 2200 must be taken inside and the doors to the Polling Place closed. All electors who were in the queue must then be allowed to vote as normal. It is very unlikely that queues will develop but if they do or you are concerned that they might, please contact the Election Unit as soon as possible. At the close of poll: The Polling Station should be cleared of everyone except Polling Agents, Returning Officer’s staff, Official Observers and on-duty Police Officers. The outside door should be closed. The Presiding Officer must seal the slot in the ballot box (using a plastic seal) and any Polling Agent may affix a seal to it and to the sealed parcels of stationery. Record the number of the seal on the Ballot Paper Account. The Election Unit will arrange for the Polling Station to be dismantled .Do not enter into any discussion with caretakers etc. as to when this might be. The arrangements will have been made at the time of booking the premises and cannot be altered. 5.1 The Paperwork The Presiding Officer must account for all ballot papers received, issued and unused. While it is highly unlikely that the unused/spoilt papers will ever be needed, we must count them at the Count Centre and balance this figure together with the number of used papers, against the figure you started with. It is important, therefore, that the unused papers should be carefully packed. Spoiled papers should be treated as unused since a replacement has been issued. It is quite possible that you will not have needed to use all the official forms during the day, nor needed to cancel any spoilt ballot papers. It is highly unlikely that you will have had to issue any tendered [pink] ballot papers. All forms must, however, be completed, even if it means entering ‘nil return’ where necessary. 18 Do not leave any form, or section of a form, blank. Please enter ‘Nil Return’ on any form or envelope (e.g. the envelope for Tendered Ballot Papers) which you have not needed. Do not forget to sign each of the forms where appropriate and to seal the envelopes. The Ballot Paper Account is the most important piece of paperwork and should be filled in first. It is the BLUE form which goes in the BLUE envelope. The Presiding Officer should fill in the Ballot Paper Account before completing the rest of the paperwork. To assist you, many of the details on the Ballot Paper Account are pre-printed. All you need to do is fill in the numbers where you are guided to do so and do the arithmetic. Take your time and get it right! 5.2 The Ballot Paper Account It is impossible to over emphasise how important it is to get the Ballot Paper Account right. It is a fundamental aspect of the poll that every vote should be properly counted and this can only be done if there is an absolutely accurate record of what has happened to every ballot paper sent to a Polling Station. This record is the Ballot Paper Account. As pointed out earlier in this booklet, the role of Presiding Officer is not like any other job – he/she is a statutory officer answerable to the Courts for the proper conduct of the Polling Station. A major part of this duty is certifying the number of ballot papers which have been properly issued in the Polling Station. This number is then compared at the Count with the number of papers which are actually in the ballot box. Any discrepancy may be evidence of interference with the poll and requires to be investigated. Proper completion of the Ballot Paper Account relies on accurate counting of the number of ballot papers issued. This is why it is important to issue ballot papers sequentially starting with the lowest number rather than randomly during the day. Otherwise you will have great difficulty in filling out the Ballot Paper Account. An example of a completed Ballot Paper Account is provided in Annex 2. 5.3 Packing Materials You will be provided with a chart showing what goes where. Make sure that the blue BPA envelope and the final wallet with postal votes are kept separate and handed to the Ballot Box Collector along with the ballot box. 5.4 Transporting the Materials to the Count Centre Shortly after the close of the poll a member of the Returning Officer’s staff will arrive to collect the ballot box and paperwork and take it to the Count Centre. Do not remove the ballot box and other materials from the Polling Station until the Ballot Box Collector arrives. All the items being collected should be properly completed and checked off on the checklist provided. It is unnecessary for the Presiding Officer to attend at the Count Centre except in unusual circumstances (usually where it is impossible to make sense of the Ballot Paper Account or the Presiding Officer has made some other major error which must be explained.) 5.5 Problems If there are immediate problems on the day you should contact the Election Unit, or the Polling 19 Station Inspector who, despite the title, will visit several times during the day to provide support and guidance should you require it. The Election Office (01224 523501) will be staffed from 0600 – 2200 on polling day. You can of course also report any non-urgent problems to the Election Unit after the election. 6. REGISTRATION PROBLEMS 6.1 Under Age but Registered Elector Occasionally a person who is under 18 may have been registered by mistake or through fraudulent information having been supplied to the ERO. Such a person must issued with a ballot paper because the Register is conclusive but the applicant and any accompanying adult should be warned that the “Elector” will be guilty of an offence it he/she votes. Furthermore, before being issued with a ballot paper the underage elector must be asked the statutory questions by the Presiding Officer and the elector must answer them unaided (see paragraph on the Prescribed Questions below). The Election Unit should be informed immediately. 6.2 Miss-spelt Names and Electors Who Have Changed Their Names Sometimes you may find that an elector’s name has been miss-spelt or they have legally changed their name since last completing an Electoral Registration form. For example, someone may marry and take the name of the spouse or revert to a pre-marital name on divorce. If you are confronted by this problem then you should ask: “Are you the person entered on this Register as [read whole entry]?” If the answer is “yes” then the elector should be allowed to vote (assuming that there is no letter against the Register entry which would qualify the right). 6.3 A Person is Not On the Register of Electors in Your Polling Station Anyone who is not on the Register must not be allowed to vote, unless you have been notified by the Electoral Registration Officer of a clerical error on the Register. Remember to check any “Other Electors” section at the end of the Register. He/she may be registered to vote in a different Polling District, in which case please ask him/her to check his/her Poll Card. This will disclose the correct Polling Place. If he/she does not have a Poll Card details can be obtained from the Election Unit (01224 523501) or the Electoral Registration Officer (01224 664848). 7. POSTAL AND PROXY ELECTORS 7.1 Who are Postal Electors and Postal Proxies? Some electors may be unable to get to the Polling Station on polling day, and have been granted the right to vote by post or by proxy. Electors who have chosen to vote by post, and those electors whose proxies have chosen to vote by post, will have a letter “A” placed against the elector’s name in the Register to be used at the Polling Station to show that they are an absent elector. Anyone with an “A” against their name on the register (alone or in combination with any other letter) cannot, under any circumstances, vote in person at a Polling Station since a ballot paper will already have been issued for that elector and it is a fundamental rule that no-one can get two ballot papers for any poll. (See Section 16 below where the voter states that a postal vote has not 20 been received.) It is however competent for an absent elector to return a postal vote to a Polling Station, either personally or by the hand of another. You should accept such a vote provided that it is contained in an envelope identifying it as a postal vote to be returned to the Returning Officer in Aberdeen. It does not matter whether it is for the Aberdeen North or Aberdeen South Constituency and it does not matter whether it is the “official” return envelope. Under no circumstances, however, can you accept a loose ballot paper. Nor can you accept a postal vote for an area outside these two Constituencies since we have no mechanism for transmitting votes to any other count centre. This applies even to addresses within the City boundary around Bridge of Don and Dyce which are in the Gordon constituency since the Chief Executive of Aberdeenshire Council is the Returning Officer for that constituency and will be counting votes in a different location. Postal votes received in this way should simply be placed unopened in the wallet provided for that purpose. They must not be put in the ballot box and, whilst the total number received should be recorded on the green form provided for that purpose, they must not be included in the Ballot Paper Account. Since there may be a large number of postal votes, you will be provided with 2 wallets for this purpose. One wallet will be collected late morning/early afternoon by the Polling Station Inspector. The second wallet will be collected with the ballot box at close of poll. Note that while these wallets have traditionally been black, these are no longer manufactured and in seeking additional supplies we have been obliged to accept some red ones. Note: (1) (2) That the elector does not require to deliver the envelope personally. The procedure for postal votes has been greatly simplified and it is currently unnecessary for the Postal Voting Statement (formerly Declaration of Identity) to be witnessed. If an elector turns up at your Polling Station with a complete but unused postal voting pack issued to him/her, all that is required is for the elector to mark the ballot paper, put the ballot paper in the envelope, sign the Postal Voting Statement, add date of birth, put it with the ballot paper envelope in the return envelope and hand it to you. The whole procedure can, therefore, now take place in the Polling Station but you do not put postal votes in the ballot box. Only the ballot paper previously issued by post may be used and it must be accompanied by the completed Postal vote Statement. 7.2 Procedure for Proxy Electors Only someone who appears on the List of Proxies (or has an Emergency Proxy appointed) can cast a vote on behalf of another person. It is not sufficient for someone to turn up with another person’s Poll Card and a Power of Attorney alone does not qualify the Attorney to vote. You should ask for the proxy’s name and address and see if he/she is included on the List of Proxies. If so, you should mark the proxy’s name in the List of Proxies with a straight line to indicate that the proxy has exercised the elector’s democratic rights. The Polling Clerk should then ask for the name and address of the elector for whom he/she is voting, find the elector on the Register and read out loud the elector’s name and electoral registration number. The elector’s number and name in the Register should then be marked off in the usual manner. Note that a proxy will also have an official poll card on behalf of the elector, but is not obliged to produce it. You should write the elector’s electoral registration number (including the polling district letter(s)/numbers(s) on the Corresponding Numbers List in the usual manner. 21 A person can act as a proxy in the election for no more than two electors of whom he/she is not an immediate family member. (There is no limit on the number of immediate family members for whom someone may act as a proxy). Where a person who has been appointed to act as proxy to vote for more than one elector applies to exercise the votes, the ballot papers should be issued, and the votes cast, one at a time. Please remember that you may only issue ballot papers for electors who are eligible to vote in the election. The appointment of a proxy does not enlarge a person’s entitlement to vote. Proxies can be challenged in the same way as an elector voting in person if suspected of personation or another election offence, and if this happens, you should ask the relevant prescribed questions (see below). If a person acting as a proxy is also an elector at your Polling Station, he/she is entitled to cast his/her own vote in the usual way and this does not affect the right to act as a proxy for two electors. 7.3 Emergency Proxies. There is now a provision whereby an emergency proxy can be granted by the Electoral Registration Officer if an elector who has not previously appointed a proxy falls ill or is called away for some urgent reason shortly before polling day. The Returning Officer will provide you with details of any such proxies which have been issued prior to Polling Day and copies of these should be sealed up with the Register and List of Proxies at Close of Poll. Obviously, people acting under emergency proxies will not appear on the List of Proxies but otherwise the procedure is the same as for any other proxy. Emergency proxies can be issued on Polling Day and it is possible that the proxy will turn up at the Polling Station before you get official notification. If someone claiming to hold an Emergency Proxy turns up but you do not have any information about that proxy, contact the Electoral Registration Officer immediately. They have a dedicated telephone number for polling staff to call about Emergency Proxies - 01224 664042. If you receive confirmation from the ERO that an emergency proxy has been issued, you should record the details on the [yellow] form provided for this purpose and put it up with the Marked Register in the yellow envelope at Close of Poll. 7.4 What if the Elector Turns Up to Vote Instead of the Proxy? Sometimes a person who has appointed a proxy turns up to vote in person. If this happens you must allow the elector to vote provided that the proxy has not already voted. You must mark the Register in the usual way but you DO NOT mark the List of Proxies. If the Proxy turns up later he/she must not be allowed to vote as a proxy for the elector. The only exception to this is where there is both “A” and “P” against the elector’s name. This is very rare but means that the proxy has been issued with a postal vote on behalf of the elector. As in all cases where a postal vote has been issued, no ordinary ballot paper can be issued in the Polling Station to either elector or proxy. 8. PERSONATION OF AN ELECTOR There may be rare occasions when a member of the Polling Station team or another elector or a Polling Agent suspects that a person requesting a ballot paper is not who he/she claims to be. This is called personation and is a very serious offence. Please remember that an elector is not guilty of personation if he/she applies for a ballot paper by a name, which is not his/her own, but is the name under which he/she has been registered. 22 Presiding Officers have no right to interrogate a person even if they suspect an instance of personation. You may only ask the questions prescribed by law (see section on Prescribed Questions below). The prescribed questions must be put to the would-be elector before you issue a ballot paper, and not afterwards. The law does not allow you to ask an elector to produce evidence of identity and if it is offered you should ignore it. A Polling Clerk may ask the prescribed questions, but normally the Presiding Officer should do so. The prescribed questions are currently the only means permitted by statute to determine whether the applicant is the person who appears on the Register (or List of Proxies if voting as a proxy for someone else) and whether he/she has already voted in the election (or on behalf of that elector if a proxy). If the person answers the questions satisfactorily then you must issue him/her with a ballot paper. 9. THE PROCEDURE FOR TENDERED BALLOT PAPERS The Presiding Officer should follow the procedure for issuing Tendered Ballot Papers if: The elector has already been marked off on the Register as having voted i.e. someone (other than a proxy) seems already to have voted in his/her name. A proxy has already been marked off on the List of Proxies and the elector marked off on the Register i.e. another person seems to have impersonated the proxy and voted for the elector. A proxy insists that the elector has not voted after his/her application to cast a vote as a proxy has been rejected because the Register indicates that a vote has been cast in the name of the elector. Since the List of Proxies had not been marked, this could only have been by the elector in person. These are the only circumstances in which a tendered [pink} ballot paper may be issued, except in relation to Postal Voters – see section 16. The Presiding Officer should double check the entry on the Register to make sure that no mistake has been made. Once this has been confirmed the Presiding Officer must ask the prescribed questions (see below). If the elector or proxy answers the prescribed questions satisfactorily the Presiding Officer must issue a tendered [pink] ballot paper – the elector must not be given an ordinary ballot paper. The Presiding Officer must write the elector’s electoral registration number with the polling district letter(s)/number(s) and the ballot paper number on the Tendered Votes List. Tendered votes are not recorded on the Corresponding Numbers List. The Presiding Officer should hand the ballot paper to the elector and ask the elector to vote in secret, fold the ballot paper and return it to the Presiding Officer rather than putting it in the ballot box. A tendered ballot paper must never be placed in the ballot box The Presiding Officer should then take the folded ballot paper and endorse it, on the back, with the name of the elector together with the electoral registration number, including the 23 polling district letter(s)/number(s) and place in the relevant official envelope [brown]. This is the only circumstance in which you write anything on a live ballot paper. Tendered ballot papers are not counted but are important evidence of potential fraud and may subsequently be used as such in court. 10. A CHALLENGE AGAINST AN ELECTOR BY A POLLING AGENT If a Polling Agent alleges that a person applying for a ballot paper is guilty of personation and undertakes to substantiate that charge in a court of law, a Police Officer may arrest the individual without a warrant. However, by law, the person must not be prevented from voting. In such a case, the Presiding Officer will, of course, have to make a statement. Indeed, in any case where a Police Officer has to arrest anyone in a Polling Station a statement will be required. The Presiding Officer’s statement should include: The name and description of the person arrested, as given by him/her. The offence with which the person is charged. The name of the person who made the charge and whether that person is the Presiding Officer, a Polling Clerk, Polling Agent, or a Police Officer. The grounds on which the charge is made. Any other remarks the Presiding Officer may wish to offer. 11. THE PRESCRIBED QUESTIONS The prescribed questions are, used in two, usually distinct, circumstances: 1. Where there is some doubt as to the individual’s name on the Register. In this case, if you receive a satisfactory answer identifying the individual as the person named on the Register, you issue an ordinary ballot paper. 2. Where the individual claims to be the person named on the Register (or the proxy of that person), but that person is marked as already having voted. In this case, if you receive a satisfactory answer to the questions, you issue a tendered ballot paper. The prescribed questions to be asked of an elector. 1. “Are you the person registered in the Register of Parliamentary Electors for this election as follows (you then read out loud the whole entry for the name on the Register)? If the would-be elector answers “No”, do not issue a ballot paper. If he/she answers “Yes”, then ask: 2. “Have you voted, here or elsewhere, in this election, otherwise than as a proxy for some other person?” If he/she answers “Yes” to this question, do not issue a ballot paper. If the person has answered “Yes” to the first question and “No” to the second question, you must issue a ballot paper. If the elector is not already marked on the Register as having voted, this should be an ordinary ballot paper. If the elector is marked as having voted, it should be a tendered paper. The prescribed questions must be asked of, and answered unaided by, a person purporting to be a proxy if: You suspect that person of personation or other fraudulent activity. A Polling Agent requires you to do so. 24 Both the name of the person who is claiming to be a proxy on the List of Proxies and the name of the elector on the Register, have already been marked off i.e. another person seems to have impersonated the proxy and used the vote. A proxy insists that the elector has not voted after his/her application to cast a vote as a proxy has been rejected on the ground that the Register indicates that the elector has voted in person and the List of Proxies has not been marked. (This would cover the situation where that the proxy is adamant that the elector is out of the country or in hospital and could not possibly have voted in person. You suspect that a proxy has applied to vote for more than two electors to whom he/she is not related (even if he/she holds proxy appointments for such electors). The prescribed questions to be asked of a proxy. A proxy is someone who has been nominated by an elector, who is unable to get to the Polling Station on polling day, to vote on his/her behalf. The Presiding Officer has a full list of proxies who have been nominated in advance by absent electors. See below in relation to Emergency Proxies. The Presiding Officer in case of doubt about a proxy’s (other than an Emergency Proxy) entitlement should ask: 1. “Are you the person whose name appears as (read out loud the name that appears in the List of Proxies) in the List of Proxies for this election as entitled to vote as proxy on behalf of (the name of the elector on the Register)? 2. If the person answers “No”, do not issue a ballot paper. If however he/she answers “Yes” then ask: 3. Have you already voted here or elsewhere at this election as proxy on behalf of (the name of the elector on the Register)? If he/she answers “Yes” to this question then you must not issue a ballot paper. If the person answers “No”, you should ask: 4. “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of (the name of the elector on the Register)? If he/she answers “Yes” to this question (and has satisfactorily answered the previous questions), you must issue a ballot paper. If, however, the answer is “No” then ask: 5. “Have you at this election already voted here or elsewhere on behalf of two persons of whom you are not spouse, civil partner, parent, grandparent, brother/sister, child or grandchild?” If the answer is “Yes” to this question, do not issue a ballot paper. If, however the answer is “no” and all the previous questions have been answered satisfactorily, you should issue an ordinary ballot paper In any case where the elector is marked off on the Register as having voted, you may only issue a tendered ballot paper. The Presiding Officer must issue a ballot paper to anyone who has answered the questions correctly, even if you suspect that he/she has lied. You should, however, report the circumstances to the Election Unit. A person who refuses to answer cannot be issued with a ballot paper. If that person returns later, the Presiding Officer must again ask the prescribed questions. 25 12. PROVIDING ASSISTANCE TO ELECTORS Your primary function is to make the voting process as easy as possible for electors while ensuring that only those entitled to vote do so. It goes without saying that you should explain the voting process to any elector who asks. There are, however, certain categories of elector who may require particular assistance. These are: Electors with a visual impairment. Electors with some other type of disability, which prevents them reading the ballot paper. Electors who are unable to read. Electors with a visual impairment have a number of options open to them: (1) Every Polling Station has a large sample of the ballot paper displayed on the Totem Poll and an elector who has some level of sight may find this sufficient to memorise the order of candidates. In addition you will have a large laminated version which the elector can take into the polling compartment with him/her to compare with the ballot paper. (2) They can mark their votes using the “Selector” device, which is included with the Polling Station equipment. Full instructions are included in the package. You should attach the device to the ballot paper, making sure that it is precisely aligned and then read to the elector the full entries on the ballot paper in the order in which they appear and the number on the corresponding flap on the device. If there are a large number of candidates on the paper, you may have to read the list more than once. If the elector asks ”Which number for Joe Bloggs [or the Coffee Party]?” you should tell him/her but offer to read the whole list. The elector then takes the paper to the voting compartment, opens the numbered flap for the option of his/her choice and marks the paper. The elector (or you) then removes the selector device and puts the paper in the ballot box. Numbers on the device are shown in Braille and large raised figures. (3) They can request that the Presiding Officer mark the paper in accordance with their instructions. The Polling Station should be cleared of other electors but not Polling Agents, who are entitled to observe that the paper is marked in accordance with the elector’s instructions. If the elector is unsure of for whom he/she wishes to vote, the Presiding Officer must read out the entries in the order in which they appear on the ballot paper. Once the elector has made a decision the Presiding Officer must mark the paper according to the elector’s preference. In some cases such electors will arrive at the Polling Station with a card on which their chosen option is already marked. This may be accepted as indicating a preference for the marking of the ballot paper as long as the elector clearly indicates that this is how he/she wishes to vote. If you have to mark ballot papers for an elector, you must fill out the official form “List of Votes marked by the Presiding Officer”. In the very rare circumstances that a person who cannot read the ballot paper is a proxy for 26 another elector, please make sure that you enter the elector’s registration number not the proxy’s. (A proxy with a visual disability is, of course, entitled to use the Selector device). At Close of Poll the Presiding Officer should sign the “List of Electors Marked by the Presiding Officer” and should fill out the “Statement of the Number of Votes Marked by the Presiding Officer” (white forms to be contained in brown envelopes). (4) They can vote with the assistance of a companion. The elector’s companion must be either a close relative (father, mother, brother, sister, husband, wife civil partner, son or daughter if they are over 16 years of age) or a qualified elector. The elector must ask the permission of the Presiding Officer to be assisted by the companion. This should not normally be refused. The companion must fill out a simple declaration “Declaration to be made by the Companion of an Elector with Disabilities” (white form). Usually the Presiding Officer or Polling Clerk will fill out the declaration and ask the companion to check the information and sign the document. Their names should be added to the “List of Electors Assisted by a Companion” by the Presiding Officer. This can either be done at the time, if convenient, or at the close of poll using the information from the Declaration. It is imperative that the List be completed. If the person is a proxy for another elector, make sure that you fill in the Elector’s electoral registration number rather than the proxy’s. 12.1 Assistance for Electors Unable to Gain Access to the Polling Station Every Polling Station has level or ramped access which should make it possible for every elector to vote in the normal manner. Where this access is not through the main door (e.g. via an emergency door) a portable doorbell will be provided to allow the elector to contact you to gain admission. If a person is making a genuine attempt to enter the Polling Place but is unable to do so because of physical incapacity the Presiding Officer, after informing any agents present, may take the ballot papers out to the elector. After completion by the elector the Presiding Officer must place them immediately in the appropriate ballot box. It should be stressed and ensured that the secrecy of the vote is maintained. Remember that the ballot box should not be left unattended and the ballot box must not be taken out of the Polling Station. Attempts have been made to make all Polling Places accessible. If we have missed something, please inform the Election Unit so that arrangements can be improved for future elections. If the problem with the disabled access is obviously recent and temporary (e.g. scaffolding) you should contact the Election Unit as soon as possible. 12.2 Certificates of Employment Some people (Police Officers and Polling Station staff) are entitled to vote at a Polling Station other than their prescribed one, so long as they have a Certificate of Employment. This Certificate must be signed by a Police Officer of the rank of Inspector or above, or by the (Depute) Returning Officer, as the case may be. Any Certificate produced for the above purpose must be handed to the Presiding Officer and cancelled and retained by the Presiding Officer before a ballot paper is issued. The Certificate of employment will contain the elector’s number (including polling District) which should be inserted 27 on the CNL against the ballot paper number. At the close of poll any such Certificate of Employment is to be placed in the same envelope as the Corresponding Numbers List. While you are entitled to apply for a Certificate of Employment if you are on the Register at a qualifying address within the Constituency in which you are working (i.e. Aberdeen North or Aberdeen South) please consider applying for a postal or proxy vote instead as this provides greater flexibility. Note that the Certificate of Employment provisions do not operate across constituency boundaries with the result that, if, for example, you are registered at an address in Aberdeen North but working at a Polling Station in Aberdeen South, you cannot obtain a Certificate of Employment and your only option is a postal (or proxy) vote. 13. DISORDER. The Police have been informed of the location of Polling Stations by the Returning Officer and some Police Officers will be assigned Polling Station duties. While it is unlikely that a Police Officer will be in attendance at your Polling Station throughout the hours of poll, you will receive visits at various times during the day. You will have contact details for the Police in case of disorder. 13.1 Serious Disorder In the event of serious disturbance – bomb scare or riot etc. – the Police may ask the Presiding Officer to vacate the premises. If you have been asked by the Police to leave the building, you must do so and you should contact the Election Unit as soon as possible. In the most extreme case the Returning Officer might permit the Presiding Officer to adjourn the poll until a subsequent day. DO NOT ADJOURN THE POLL ON YOUR OWN INITIATIVE If the poll is adjourned the Returning Officer will arrange for your election materials to be collected. 13.2 Emergencies In the event of an emergency, if it is clear that there is no immediate risk, gather up all the sensitive election materials – the ballot box, ballot papers, Electoral Register etc. – and take them with you. If you are forced to leave the premises, but have been able to take the essential election materials with you, you should try to establish a temporary Polling Station nearby in order to avoid turning electors away. If you are unable to return to the original premises take instruction from the Election Unit. Regardless of any interruption in polling you must nevertheless still close the Polling Station at 22.00. The Election Unit has a mobile Polling Station available to cover emergencies. 13.3 Incapacitated Persons No member of the Polling Station team has the right to refuse a ballot paper to a person who is on the Register but appears to be unable to understand what to do through drink, drugs or other incapacity. If, however, you, or a Polling Agent, suspect that the person is so incapacitated, you should ask the prescribed questions (see section on the Prescribed Questions above). As in any case where you ask the questions, if you get satisfactory answers, you must issue a ballot paper. If you do not get satisfactory answers, you cannot issue a ballot paper. If the person, having been refused a ballot paper, returns later, you must ask the questions again. 28 14. GUIDANCE ON TELLERS Candidates or their parties often ask their supporters to act as Polling Station Tellers. This is a vital part of their efforts to identify likely supporters who have not yet voted so that they can urge them to vote before the close of poll. While Polling Agents may obtain information as to who has voted through their presence inside the Polling Station, they cannot legally pass this information to anyone else during the hours of poll, so it is necessary for candidates to try to obtain this information in other ways. Most Tellers are generally well behaved and their activities can add to the sense of “occasion” surrounding the poll but, since they have no legal status, questions or disputes can sometimes arise over their activities. Tellers, as such, have no legal status and are not allowed to enter the room set aside for voting (i.e. the Polling Station) unless to record their own vote or to vote as proxy for someone else. A formally appointed Polling Agent may act as a Teller and has the full rights of a Polling Agent: but a Teller cannot act as a Polling Agent. Voters are perfectly entitled to ignore Tellers and to refuse to answer their questions. In general, Tellers must not: Be allowed in or near the room set aside for voting (i.e. the Polling Station). They must not be able to hear or see what is going on in the room. Obstruct electors’ access to the Polling Station. Canvass, or campaign within the bounds of the Polling Place. Ask electors for their registration number or address on the way in. Electors may be asked on the way out but have no obligation to answer. Ask how the elector has voted. The elector may choose to volunteer this information. Ask electors to re-enter the Polling Station to request their poll cards. While electors are entitled to take their poll card away with them, if they don’t you should destroy it. Do not accede to kind suggestions by agents or tellers that they will empty your bin! Be aggressive. Park cars emblazoned with the name of their Candidate or party the grounds of the Polling Place. Cars with campaigning material used to transport disabled voters may park for long enough for the electors to vote but no longer. Distribute any campaigning materials within the Polling Place. The Presiding Officer should check on their activities from time to time and make sure that they do not block the entrance or hinder, harass or intimidate electors entering the Polling Place. Contravention of any of the above, or any objection by an Agent or serious complaint by an elector would entitle you to banish all Tellers from the precincts of the Polling Place. They have no right to be any closer than the public road, at which point their activities are a matter for the Police, not the Presiding Officer. If you banish one, you must banish all. Serious harassment or intimidation of voters or other conduct which might deter voters from entering the polling place should be reported to the police immediately. 15. THE MEDIA AND EXIT POLLS The media have no special rights to enter a Polling Station except as electors. They must not be allowed to film or interview electors in the Polling Station. In particular, prominent Candidates who may be registered electors at your Polling Station are not permitted to stage a media event when they are voting. If a film crew has been given permission by the Returning Officer to film outside the Polling Station but within the Polling Place, please make sure that they do not hinder or harass 29 electors on their way to vote nor obstruct the entrance to the Polling Station. It is unlikely that such permission will have been given – if a film crew/photographer turns up check with the Election Unit. In national elections we have all become used to the announcements of exit polls minutes after the close of poll and it is possible that one or other major public opinion poll companies – MORI, ICM or NOP for example – will be commissioned to organise an exit poll on this occasion. Opinion poll companies are commissioned usually by major media organisations or academic researchers. Customarily, and as a matter of courtesy, the pollsters contact the Returning Officer before polling day. It is hoped therefore that the Election Unit will be able to forewarn the Presiding Officer if one of the polling companies intends to conduct an exit poll outside your Polling Station. If that is the case, please make sure that the polling company’s interviewers do not enter the Polling Place. 16. ABSENT ELECTORS – POSTAL VOTES The basic principle is that someone who has a “A” against his/her name on the Register cannot under any circumstances vote in person at your Polling Station since a ballot paper will already have been issued by post and no-one can have two votes. There are basically two types of problems which an elector may raise with you: 1. He/she has received a postal vote and says that he/she did not ask for it. This is the easiest to deal with – if the elector has the postal vote pack with him/her, you should suggest that he/she uses it since that is the only way that he/she can cast a valid vote at this election. As mentioned above, you can accept returned postal votes and a postal vote is as valid as any other vote and will be counted in the same way. The elector should be referred to the Electoral Registration Officer to resolve the matter for the future – the probability is that the elector has mistakenly applied for a permanent postal vote instead of a postal vote for a single previous election (or has forgotten that he/she has applied for a permanent postal vote) but the ERO may have made a mistake. If the elector does not have the postal vote pack with him/her, you should suggest that it would be best to go and fetch it since that is the only way that he/she will be able to cast a vote which will be counted. 2. The elector says that he/she applied for a postal vote but has not received it. There are a number of innocent possibilities here including the one mentioned above of confusion as to the type of postal vote applied for at the previous election, or some failure of the postal service, before one considers the possibility of fraud. Before 1700 hrs. on polling day, it is possible for the Returning Officer to issue a replacement postal vote (or at any time to hand the elector the original one which has been returned by Royal Mail as undelivered). This can only be done by the elector attending personally at the Election Office at the Town House in Broad Street and producing proof of identity. Exceptional arrangements can be made to deliver a replacement paper to an elector who is housebound but it is obviously unlikely that such a request will be made at a Polling Station. If the elector is unwilling to follow this course of action the only option is to issue a tendered ballot paper, using the full procedure set out in section 9. After 1700 hrs, a replacement ballot paper cannot be issued. The only option is to give the elector a tendered ballot paper (again following the full procedure). 30 If, however, the missing paper has been returned as undelivered to the Election Unit, it is still possible for the elector to collect it there, so it is always worth telephoning the Unit. The prescribed questions The prescribed questions to a person applying to vote in person who is marked on the Register of Electors as having received a postal vote are as follows:1. Did you apply to vote by post? If the answer is “No” a tendered ballot paper must be issued. If, however, the answer is “Yes” you must then ask. 2. Why have you not voted by post? If the answer is “I have lost/spoiled the postal ballot papers” or “I never received the postal voting pack” refer the elector to the Election Unit if it is before 1700 hrs. (After 1700 hrs. offer to issue a tendered ballot paper). If the answer is “I have changed my mind and want to vote in person” do not issue any sort of ballot paper, tendered or otherwise. Electors have a clear choice as to whether to apply for a postal vote and having made that choice, they are obliged to stick to it. More difficult answers are along the lines that “I requested that my postal vote be sent to an address in the south of England where I’ve been attending university but I had left on vacation before it arrived”. While in law, the judgement is yours, it is probably best to treat an answer like this as saying that the paper was not delivered. The equivalent questions to be asked of a postal proxy are:1. Did you apply to vote by post as proxy? 2. Why have you not voted by post as a proxy? If a would be elector who has an “A” against his/her name on the Register says that he/she neither applied for a postal vote nor received it, you have no option (at any time) but to ask the prescribed questions and issue a tendered ballot paper. Since this situation can only arise as a result of electoral fraud (actual or attempted) the Election Unit must be advised immediately and, as the matter is likely to result in court action, you must record it in as much detail as possible. 31 17. REQUIREMENT OF SECRECY Representation of the People Act 1983, Section 66 (1) The following persons – (a) every returning officer and every Presiding Officer or Clerk attending at a Polling Station, (b) every Candidate or Election Agent or Polling Agent so attending, (c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to – (i) the name of any elector or proxy for any elector who has or has not applied for a ballot paper or voted at a Polling Station; (ii) the number on the register of Electors of any elector who, or whose proxy, has or has not applied for a ballot paper at a Polling Station; (iii) the official mark. (3) No person shall – (a) interfere or attempt to interfere with a voter when recording his vote; (b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted; (c) communicate at any time to any person information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station; (d) directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted. (4) Every person attending the proceedings in connection with the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not: (a) Except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or (b)except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person; or (c)except for some purpose authorised by law, attempt to ascertain in connection with the proceedings for the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or (d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings. (5)No person having undertaken to assist a blind voter to vote shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter. (6) If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.” 32 BALLOT PAPER ACCOUNT UK PARLIAMENTARY ELECTION ABERDEEN NORTH CONSTITUENCY THURSDAY 7TH MAY 2015 Polling Place: Anytown Hall Station No: ZZ0101/1 Presiding Officer: A.N.Other At the close of poll, the boxes marked with arrows () must be completed by the Presiding Officer, then the form should be signed and dated. Part 1 Ordinary ballot papers A Total received by Presiding Officer (Numbered from 20,501 to 21,000) B Serial number on the back of the next ballot paper to be issued C Serial number of the first ballot paper issued on the corresponding number list D Total ballot papers issued (B – C) E How many spoilt ballot papers did you issue replacements for? F Total ballot papers issued and not spoilt (D – E) 3 G Total unused ballot papers (A – D) 1 Part 2 Tendered ballot papers (Pink) 2 2 5 0 0 0 8 5 2 0 5 0 1 1 2 4 9 4 9 Total tendered ballot papers issued 1 Total spoilt tendered ballot papers 0 9 3 Total received by Presiding Officer (Numbered from 1 to 100) 0 1 Ballot Box Seals Numbers Date …………………. 5 2 Total unused tendered ballot papers Part 3 Signature of Presiding Officer …………………..……… 33 Contact Details ELECTION OFFICE - 01224 523501 Name Post Depute Returning Officer David Gow Office Number Mobile Number 01224 523501 07919 113145 Crawford Langley Depute Returning Officer 01224 523501 07919 113634 Steven Dongworth Depute Returning Officer 01224 523501 07919 113606 Electoral Registration Office 01224 664848 (For Polling Staff only to call to confirm emergency proxies – 01224 664042.) Police, if required 101 (Non-Emergency) In an emergency call 999 34
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