Part 1: Administration and Conduct of Elections Postal and Proxy Voting Schedule 4: Proxy Voting: Limits and Transitional Provision
Schedule 4 amends provisions in the RPA 1983, RPA 1985 and Schedule 4 to the RPA 2000.
	Paragraph 2(2) of the Schedule inserts a new subsection (1A) into section 61 of the RPA 1983 to provide for a new electoral offence at UK Parliamentary elections in the United Kingdom and local government elections in England.
	New subsection (1A) makes it an offence for:
	a person ("P") to apply to appoint a proxy at (a) a particular UK Parliamentary election, or (b) UK Parliamentary elections, knowing that the person to be appointed is already appointed as a proxy for four or more other electors at (respectively) (a) that election or UK Parliamentary elections, or (b) UK Parliamentary elections or a particular UK Parliamentary election, and
	where P is registered to vote at UK Parliamentary elections otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and P knows that the person to be appointed for (a) a particular UK Parliamentary election or (b) UK Parliamentary elections, is already appointed as a proxy at (respectively) (a) that election or these elections, or (b) a particular UK Parliamentary election, or UK Parliamentary elections, for two or more other electors who are registered to vote otherwise than in pursuance of an overseas elector’s declaration or a service declaration.
	New subsection (1A) also makes it an offence for:
	A person ("P") to apply to appoint a proxy at (a) a particular local government election in England, or (b) local government elections in England, knowing that the person to be appointed is already appointed as a proxy for four or more other electors at (respectively) (a) that election or local government elections in England, or (b) local government elections in England or a particular local government election in England, and
	where P is registered to vote at local government elections in England otherwise than in pursuance of a service declaration, and P knows that the person to be appointed is already appointed as a proxy at (a) a particular local government election in England, or (b) local government elections in England for two or more other electors who are registered to vote otherwise than in pursuance of a service declaration at (respectively) (a) that election or local government elections in England, or (b) local government elections in England or a particular local government election in England.
	Paragraph 2(3) inserts a new subsection (3B) into section 61 to provide that a person is also guilty of an offence if they vote as proxy:
	for more than four electors at a UK Parliamentary election or at Parliamentary elections when those elections are being held in more than one constituency on the same day (for example a general election) or a local government election or elections (if more than one local election is being held on that day) in England;
	for more than two electors at a UK Parliamentary election or at Parliamentary elections when those elections are being held in more than one constituency on the same day (for example a general election), where the person knows that none of those electors is registered to vote at these elections in pursuance of an overseas elector’s declaration or a service declaration;
	for more than two electors at a local government election or elections (if more than one local election is being held on that day) in England, where that person knows that none of those electors is registered to vote at these elections in pursuance of a service declaration.
	A person found guilty of an offence under new subsections (1A) or (3B) shall be guilty of an illegal practice and will be liable to an unlimited fine in England and Wales, and a fine not exceeding level 5 on the standard scale in Scotland and Northern Ireland.
	Paragraph 2(4) amends existing section 61(4) of the RPA 1983 concerning voting as proxy at an election, as a consequence of new subsections (1A) and (3B), to provide that the existing offence of voting as proxy for more than two persons of whom the person is not a close relative continues to apply to a local government election in Wales and Scotland.
	When a person votes as a proxy voter, they may be asked certain questions by the Presiding Officer in the polling station to ensure that the person is voting in accordance with the requirements on the number of persons for whom they may vote as a proxy. For UK Parliamentary elections, the questions are set out at rule 35 of Schedule 1 to the RPA 1983. Paragraph 4 removes a number of existing questions and inserts new questions in rule 35 to reflect that, at UK Parliamentary elections in the United Kingdom, the Schedule limits the total number of electors for whom a person may act as a proxy to four, and within the four electors, to no more than two electors who are registered to vote otherwise in pursuance of an overseas elector’s declaration or a service declaration, regardless of the family relationship to the elector.
	Paragraph 4 also amends Rule 35 of Schedule 1 to the RPA 1983 by inserting a new question in relation to elections in Northern Ireland so that a person voting as proxy at a parliamentary election may be asked for their date of birth when applying for a ballot paper to enable polling staff to confirm that the proxy is the elector they represent themselves to be.
	Paragraph 5 inserts a new paragraph 5C into Schedule 2 to the RPA 1983, which allows for provision to be made in regulations for checks on proxy eligibility in Northern Ireland and information about a person’s registration status to be provided by registration officers in Great Britain. This mirrors existing provision in relation to Great Britain.
	Paragraph 6 amends section 8 of the RPA 1985 which concerns proxies at UK Parliamentary elections in Northern Ireland. New subsection (2A) is inserted to provide that a person may not be a proxy unless they will be registered in a register of parliamentary electors in Great Britain or Northern Ireland. Subsection 3 is also amended to remove the existing nationality requirements for proxies in Northern Ireland.
	Paragraph 6 also amends subsection 5 of section 8 of the RPA 1985. It currently provides that a person may vote as a proxy voter at the same UK Parliamentary election in Northern Ireland in any constituency, on behalf of up to two electors and an unlimited number of specified family members. The amendments amend section 8 to set out the new limit of 4 on the total number of electors for whom a person is entitled to vote as proxy at UK Parliamentary elections in Northern Ireland.
	Paragraph 6 also inserts a new subsection (7A) into section 8 of the RPA 1985. This provides that any requirements prescribed in relation to applications for a proxy under 8(6) (application for an indefinite period) and 8(7) (application for a particular election) of the RPA 1985 must contain the requirement for the date of birth to be included in the application for a proxy vote.
	Paragraph 7 amends paragraph 6 of Schedule 4 to the RPA 2000 which provides for a person to be appointed as proxy to vote for another person at elections in Great Britain. Paragraph 6 of Schedule 4 to the RPA 2000 currently provides that a person may vote as a proxy voter at the same UK Parliamentary election in Great Britain in any constituency, or at the same local government election in any electoral area, on behalf of up to two electors and an unlimited number of specified family members. In legislation, a UK Parliamentary election and a local government election are each defined by reference to a particular constituency or area. The amendments set out the new limit of four (no more than two of whom can be registered otherwise than in pursuance of an overseas elector’s declaration or a service declaration) on the total number of electors for whom a person is entitled to vote as proxy at a UK Parliamentary election or (where these take place in more than one constituency on the same day) UK Parliamentary elections in Great Britain or a local government election or (where these take place in more than one electoral area on the same day) local government elections in England.
	Paragraphs 8-11 make provision in relation to existing proxy vote arrangements that are in place at the time that the new limit on the number of persons for whom a person may act as proxy comes into force.
	Paragraph 8 provides that existing proxy appointments at UK Parliamentary elections in Great Britain and local government elections in England (in force as a result of an application made before the date on which the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies comes into force) will cease on a day to be specified in regulations by the Secretary of State ("the specified day"). Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only. Registration officers in Great Britain will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote by proxy.
	Paragraph 8 further provides that, in relation to Great Britain, if the specified day is 31 January in a particular year, and the registration officer would be required by the specified day to send a notice to the elector requiring them to provide a fresh signature (under the existing signature refresh provisions), the requirement to send the notice to the elector would not apply unless the elector has other absent voting arrangement that still require the provision of a fresh signature.
	Paragraphs 8 require that once a proxy appointment ceases to be in force under these provisions, the registration officer (in Great Britain) must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record.
	Paragraph 9 provides that existing proxy appointments at UK Parliamentary elections in Northern Ireland (in force as a result of an application made before the date on which the relevant provisions ("the relevant provisions") of the Schedule come into force) will cease on a day to be specified ("the specified day") in regulations by the Secretary of State. The relevant provisions are the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies and the requirement in paragraph 6(2) that proxies be registered in a register of parliamentary electors. Electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules that provide that a person may act as proxy for up to four electors only or the rules requiring that the proxy be registered. The Chief Electoral Officer in Northern Ireland, will be required to send a notice to an elector who has appointed a proxy before the specified day informing them of the date on which their proxy vote arrangement will cease to be in force and information about how to make a fresh application to vote by proxy. Paragraph 9(4) requires that once a proxy appointment ceases to be in force under these provisions, the Chief Electoral Officer must as soon as practicable after this remove the entries relating to the appointment from the relevant absent voters’ record. Paragraph 9(5) requires that there can be more than one specified day if paragraphs 2(2) and 6(2) come into force on different days.
	In relation to UK Parliamentary elections in Great Britain and local government elections in England, paragraph 10 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the registration officer will be required to send the person information about how to make a fresh application. This paragraph provides that these provisions do not apply where the application is made on or after the date on which the offence in paragraph 2(2) of the Schedule relating to the appointment of proxies comes into force. The effect of the provisions in paragraph 10 is that, if the offence concerning the appointment of proxies is commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the provision containing the offence, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.
	In relation to UK Parliamentary elections in Northern Ireland paragraph 11 provides that an application for a proxy appointment that is made before, but not determined by, "the specified day" is to be treated as not having been made and the Chief Electoral Officer will be required to send the person information about how to make a fresh application. These paragraphs provide that these provisions do not apply where the application is made on or after the date the relevant provisions come into force. The effect of these provisions is that, if the relevant provisions are commenced before the specified day, any elector who has been granted a proxy vote before the specified day, on the basis of an application made on or after the date of commencement of the provision containing the offence, would be able to continue with those proxy arrangements, and an elector whose application for a proxy vote is still being processed on the specified day would not need to make a fresh application to vote by proxy. Paragraph 11(4) provides that there can be more than one specified day if paragraphs 2(2) and 6(2) come into force on different days. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.