Part 1: Administration and Conduct of Elections Northern Ireland elections Schedule 6: Local elections in Northern Ireland and elections to the Northern Ireland Assembly Part 1 - Local elections in Northern Ireland
Schedule 6 amends the legislation for local and assembly elections in Northern Ireland to reflect some of the changes made by Part 1 of the Act to the legislation for UK Parliamentary elections in Northern Ireland. Part 1 of the Schedule makes changes for local elections and Part 2 of the Schedule makes changes for assembly elections.
	Paragraphs 2 to 5 of Part 1 amend the ELA (NI) 1962 in relation to the new offence of handling postal voting documents by political campaigners. Paragraph 2 amends the ELA (NI) 1962 and applies the existing incapacities for a person reported by an election court as guilty of a corrupt or illegal practice in section 96 ELA NI 1962 to those reported as guilty of the corrupt practice of the new offence of handling postal voting documents by political campaigners (see paragraph 265 below).
	Paragraph 3 applies the existing provisions for the prosecution of corrupt practices (set out in section 108 of the ELA (NI) 1962) to those convicted of the new offence. Under these provisions, on indictment, the person would be liable to imprisonment for a term not exceeding two years, or a fine, or both. On summary conviction, the person would be liable to imprisonment for a maximum of six months, or to a fine, or to both.
	Paragraph 4 applies the existing provisions in relation to incapacities (set out in section 112 of the ELA (NI) 1962) to persons convicted of the offence.
	Paragraph 5 extends to the corrupt practice of handling postal votes by a political campaigner existing provision (set out in section 114 ELA (NI) 1962) that states that candidates shall not be liable nor his election avoided for corrupt practices committed by an agent unless the candidate has authorised or consented to the committing of the corrupt practice.
	Paragraphs 7 to 22 of Schedule 6 amend Schedule 5 to the ELA (NI) 1962 (Local Election Rules).
	Paragraph 7 substitutes a new paragraph (2A) into rule 5 of Schedule 5 concerning the nomination of candidates. The replaced paragraph (2A) allows a candidate to use a forename, if commonly used, that is different from any other forename the candidate has, or a commonly used surname that is different from any other surname the candidate has. It also allows a candidate to use one or more commonly used forenames or a surname in a different way from the way in which the candidate’s names are stated on the nomination paper, for example, where the commonly used names are in a different order from the candidate’s formal full name, include only some of those names, or include additional names. This provides more flexibility than the existing rule.
	Paragraph 8 makes a consequential change to rule 12 of Schedule 5 (publication of statement of persons nominated).
	Paragraph 9 inserts new rule 16B (date of births lists) into Schedule 5 to the ELA (NI) 1962. Under new rule 16B(1) the Chief Electoral Officer must provide to each polling station a list containing the date of birth supplied at registration for all electors allotted to vote at that polling station. The Chief Electoral Officer must also provide a list containing the dates of birth supplied at registration of all proxies voting on behalf of electors allotted to that polling station. Under Rule 16B(2) where the proxy is or will be on a register of local government electors in Great Britain the list should contain the date of birth of the proxy provided on the application for a proxy vote. Where the proxy is registered in both Northern Ireland and Great Britain, the list should contain the date of birth provided when they registered to vote in Northern Ireland. Rule 16B(3) provides that these lists should contain sufficient information to allow the staff at a polling station to carry out the checks when required.
	Rule 16B(4) and (5) prohibit the Returning Officer, any person to whom the Returning Officer has delegated functions, the presiding officer, clerk or other officer appointed to work at the polling station from allowing date of birth lists to be inspected, supplying the lists to another person or making use of the information contained within the lists otherwise than in accordance with the rules including any regulations made under the rules.
	Paragraph 10 amends rule 22 (provision of polling stations) of Schedule 5 to provide that every polling station must have an area for an elector to have their identification viewed in private.
	Paragraph 11 amends rule 23 (appointment of presiding officers and clerks). Rule 23(3) enables clerks to act for the Presiding Officer, but paragraph 11 amends this to ensure that is not the case for refusing to issue a ballot paper in line with the procedures set out in rule 32(3) (failure to answer a statutory question satisfactorily).
	Paragraph 12 amends rule 26 (equipment of polling stations). Paragraph 12(2) inserts a new sub-paragraph (3)(f) which requires the Returning Officer to provide each polling station with the date of birth lists prepared under Rule 16B (inserted by paragraph 9).
	Paragraph 12(3) to (5) also amends rule 26 by replacing the requirement for Returning Officers to provide each polling station with a device for voters with sight loss with a broader requirement for the Returning Officer to provide each polling station with such equipment as is reasonable to enable, or make it easier, for voters with sight loss, and other disabilities, to vote independently in the manner directed by rule 34 of Schedule 5, which includes the procedure to mark the ballot paper secretly. "Secretly" here refers to which candidate(s) or options(s) an individual has voted for, and not the fact that they have voted. Paragraph 12(3) to (5) also introduces a requirement for the Electoral Commission to give guidance to support Returning Officers in carrying out the new, broader requirement to provide assistive equipment. It also places a duty on Returning Officers to have regard to that guidance. Because of the definition of disability in rule 35, the provisions also include a person who has a short-term inability to vote in the manner directed by rule 34.
	The requirements under this provision in rule 26, do not affect any other statutory requirement or duty imposed on the Chief Electoral Officer under section 75 of the Northern Ireland Act 1998 or the Disability Discrimination Act 1995.
	Paragraph 13 amends rule 32. When a person votes as a proxy voter, they may be asked certain questions by the Presiding Officer in the polling station. For local elections in Northern Ireland, the questions are set out at rule 32. Paragraph 13(2) amends the question ‘what is your date of birth’ so that it can be asked of a person voting as proxy, to ensure that the proxy is the elector they represent themselves to be.
	Some of the questions that may be asked of a proxy voter are 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. Paragraph 13(3) also removes a number of existing questions and inserts new questions in rule 32(2) to reflect that, at local elections in Northern Ireland, 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 a service declaration, regardless of the family relationship to the elector.
	Paragraph 13(4) inserts new paragraph (2A) into rule 32 to provide that if the clerk asks any of the questions in paragraph 1 and 2 of rule 32 and they are not answered satisfactorily then they must refer the matter to a Presiding Officer.
	Paragraph 13(5) amends rule 32(3) to provide that a Presiding Officer must refuse to deliver a ballot paper to a person if they fail to answer the statutory questions satisfactorily.
	Paragraph 13(6) inserts new paragraph (6), which requires that a voter must be informed, before being asked one of the questions, that giving false information may be an offence and that a ballot paper will be refused if the person fails to answer each question satisfactorily.
	Paragraph 14 amends rule 34 (voting procedure). Paragraph 14(3) inserts a new paragraph (2A) into rule 34 which provides that at the voter’s request, the polling station staff must arrange for the voter to have their identification viewed in private. The polling station staff must ensure that no other person can see the voter’s identification, except for any person permitted by the voter.
	Paragraph 14(4) amends paragraph (3) in rule 34 such that a Presiding Officer must deliver a ballot paper to an elector unless:
they believe that the voter’s age could not plausibly match that which is provided on their identification (this is already a requirement),
they believe that the voter’s age does not plausibly match the date of birth supplied under a relevant provision ("relevant provision" is defined in new paragraph (5C) of rule 34, which is inserted by paragraph 14(7) (see below)). In the case of an elector or proxy registered to vote in Northern Ireland, this is the date of birth supplied when the voter registered to vote. In the case of proxies registered to vote in Great Britain, this is the date of birth supplied when the person was appointed as a proxy. (This is already a requirement for electors but is a new requirement for proxies)
they have a reasonable suspicion that the identification is forged (this is a new requirement).
	Paragraph 12(5) specifically adds the language of "reasonable suspicion" of a forged document to paragraph (4) of rule 34, allowing the Presiding Officer to refuse to give an elector a ballot paper in those circumstances. Paragraph 14(6) makes a similar change to paragraph (5) of rule 34, so that a polling clerk can refuse to issue a ballot paper to an elector where the clerk has a reasonable suspicion that their identification document is forged (as well as on existing grounds), in which case they must refer the matter to the Presiding Officer.
	Paragraph 14(7) inserts a new paragraph (5A) which ensures that electors in Northern Ireland who have changed their name on their form of identification but not on the electoral register may provide additional proof of their identification to resolve this discrepancy, and will then still be able to obtain a ballot paper as long as the Presiding Officer has no other reason to doubt that the elector is who they claim to be. Paragraph 14(7) also inserts new paragraph (5B). If the Presiding Officer refuses to deliver a ballot paper to a voter because they have reasonable doubt that the voter is who they say they are, the voter can make further applications, and paragraphs (1A) to (5A) apply again.
	Paragraph 14(7) also inserts a new paragraph (5C) which defines the term "relevant provision" for the purposes of rule 34(3).
	Paragraph 14(8)(a) amends rule 34(6) to make clear that the identification documents IDs should be accepted in any format that they are issued in and regardless of any expiry date. Paragraph 14(8)(b)-(e) amends the list of documents at rule 34(6) that can be produced as identification by adding two new documents and adding the updated names of two existing documents.
	Paragraph 14(9) insert paragraphs 6B which defines a forged document as one that is a false document made to resemble a real document and 6C which provides that only the Presiding Officer may inspect an ID document except as permitted by the voter.
	Paragraph 15 updates cross references to rule 34 made by rule 35 to reflect changes made to rule 34.
	Paragraph 16 amends rule 36 (voting by persons with disabilities). Paragraph 16(2) changes the qualifying requirement in paragraph 2 of rule 36 for a person to assist a voter with disabilities in the role of their ‘companion’ at the polling station. As a result, a companion is no longer required to be either entitled to vote in the election as an elector or a close family member of the voter who has attained the age of 18, but can be anyone aged 18 or over.
	Paragraphs 16(3) updates cross references to rule 34 made in rule 36 to reflect changes made to rule 34.
	Paragraph 17 updates cross references to rule 34 made in rule 37 to reflect changes made to rule 34.
	Paragraph 18 updates cross references to rule 34 made in rule 38 to reflect changes to rule 34.
	Paragraph 19 amends rule 41 (sealing and delivery of documents etc) by adding a new sub-paragraph (db) to paragraph (1). This requires that after the close of poll the Presiding Officer must put the dates of birth lists in a separate, sealed packet and deliver it to the Returning Officer.
	Paragraph 20 amends rule 56A (destruction of home address forms) by expanding the rule to also cover date of birth lists. The amended rule requires the Chief Electoral Officer to, along with the home address forms, destroy the date of birth lists on the next working day following the 21st day after the member has been returned or if an election petition is presented before that time then on the next working day following the conclusion of proceedings or appeal.
	Paragraph 21 amends the form of nomination paper (form 1) which is contained in the Appendix of Forms to reflect changes relating to candidates’ names made by paragraph 7 to rule 5.
	Paragraph 22 amends the form of declaration (to be made by the companion of a voter with disabilities (form 10) which is contained in the Appendix of Forms to reflect the updated qualifying requirements.
	Paragraphs 24 to 27 amend Schedule 9 (electoral misdemeanours) to the ELA (NI) 1962.
	Currently, the corrupt practice of undue influence which is set out in section 115 of the RPA 1983 is duplicated in paragraph 3 of Schedule 9 to the ELA (NI) 1962 in respect of local government elections in Northern Ireland. Paragraph 24 substitutes a new paragraph 3 of Schedule 9 to that Act to mirror the new section 114A of the RPA 1983 as inserted by section 8 of this Act.
	Paragraph 25 inserts new paragraph 5ZA into Schedule 9 which mirrors changes made to the RPA 1983 (new section 112A, inserted by section 4 of the Act) which introduces a new criminal offence banning political campaigners from handling postal voting documents issued to others.
	New paragraph 5ZA(1) provides that those defined in paragraph 5ZA(6) as "political campaigners" commit an offence if they handle postal voting documents in relation to local elections in Northern Ireland. For these purposes, "political campaigners" is defined in sub-paragraph (6) and includes candidates, election agents and party workers.
	New paragraph 5ZA(2) provides an exemption from the offence for specified persons who may handle postal votes in the normal course of their employment/duties, such as a postal operator.
	New paragraph 5ZA(3) creates two further exemptions to this offence where the handler is a listed family member or carer of the postal voter.
	New paragraph 5ZA(4) provides that it is a defence for a person charged with the offence to show that they did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at an election.
	New paragraph 5ZA(5) provides that where sufficient evidence has been introduced to raise the defence as an issue, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
	New paragraph 5ZA(6) sets out the persons who are deemed to be a political campaigner for the purpose of this section. A political campaigner is a person who is:
a candidate at the election;
an election agent of a candidate at the election;
employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;
a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;
employed or engaged by a registered political party in connection with the party’s political activities;
employed or engaged by a person within any of paragraphs (a) to (e) to carry on an activity designed to promote a particular outcome at the election;
employed or engaged by a person within paragraph (f) to carry on an activity designed to promote a particular outcome at the election.
	New paragraph 5ZA(7) defines some of the terms used in new paragraph 5ZA. New sub-paragraphs (8) to (10) provide some further interpretation of the terms used.
	Paragraph 26 amends paragraph 12A of Schedule 9 to the ELA (NI) 1962 by inserting new sub-paragraph (1A) to provide for a new electoral offence at a local election in Northern Ireland.
	New sub-paragraph (1A) makes it an offence for:
	a person ("P") to apply to appoint a proxy at (a) a particular local election in Northern Ireland, or (b) local elections in Northern Ireland, 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 elections in Northern Ireland, or (b) local elections in Northern Ireland or a particular local election in Northern Ireland, and
	where P is registered to vote at local elections in Northern Ireland otherwise than in pursuance of a service declaration, and P knows that the person to be appointed for (a) a particular local election in Northern Ireland or (b) local elections in Northern Ireland, is already appointed as a proxy at (respectively) (a) that election or these elections, or (b) a particular local election in Northern Ireland, or local elections, for two or more other electors who are registered to vote otherwise than in pursuance of a service declaration.
	Paragraph 26 also amends sub-paragraph (4) of paragraph 12A to provide that a person is also guilty of an offence if they vote as proxy:
	for more than four electors at a local election in Northern Ireland or at local elections in Northern Ireland when (if more than one local election is being held on that day);
	for more than two electors at a local election in Northern Ireland or local elections (if more than one local election is being held on that day) in Northern Ireland, where that person knows that none of those electors is registered to vote at these elections in pursuance of a service declaration.
	Paragraph 26(4) and (5) amend sub-paragraph (6) and insert new sub-paragraph (6A) into paragraph 12A under which it is an offence to vote more than once. Under sub-paragraph (6), applying for a ballot paper is treated as having voted. The amendment to sub-paragraph (6) and new sub-paragraph (6A) ensure that an elector would not be treated as having committed any offence related to trying to obtain multiple ballots simply because they made permitted further applications for a ballot paper, where the previous application(s) were refused under rule 34 of the local election rules (see above) on the grounds that they did not show an accepted form of identification.
	A person found guilty of an offence under sub-paragraphs (1A) or (4) shall be guilty of an illegal practice and will be liable to a fine not exceeding level 5 on the standard scale in Northern Ireland.
	Paragraph 27 amends the requirement to maintain the secrecy of voting set out in paragraph 27 of Schedule 9 to the ELA (NI) 1962 in order to extend it to postal and proxy voting at a local election in Northern Ireland.
	Paragraph 27(3) inserts new sub-paragraphs (3A), (3B) and (3C) into paragraph 27 of Schedule 9 to the ELA (NI) 1962. New sub-paragraph (3A) mirrors existing secrecy provisions for voting in person and extends those to voting by post. Sub-paragraph (3A)(c) contains a restriction on obtaining or attempting to obtain information about which candidate the person has voted for. This restriction only applies when the person voting is about to mark, is marking or has just marked their postal ballot paper (sub-paragraph (3B)). Sub-paragraph (3A)(d) prohibits communicating information obtained in contravention of sub-paragraph (3A)(c) at any time to any other person.
	New sub-paragraph (3C) provides that an elector who has appointed a proxy to vote by post on their behalf does not contravene sub-paragraph (3A) by obtaining from their proxy information relevant for the vote to be cast (except the official mark on a ballot paper) and the proxy does not contravene sub-paragraph (3A) by communicating such information to the elector who appointed them.
	New sub-paragraphs (3D) and (3E) ensure that where a person is attempting to obtain from a postal voter, or communicate, information about which candidate the person has voted for, for the purposes (or the main purposes) of an exit or opinion poll, this is not an offence.
	New sub-paragraph (3F) provides that a person voting as proxy for another elector at an election must not communicate at any time to any person, except the elector for whom they are voting as proxy, any information as to the candidate for whom that person is about to vote or has voted (as proxy), or, except for purposes authorised by law, the number or other unique identifying mark on the back of a ballot paper sent or delivered to that person.
	Paragraph 27(4) inserts new sub-paragraphs (5) and (6) into paragraph 27 of Schedule 9 to the ELA (NI) 1962 to mirror existing secrecy requirements under sub-paragraph (3)(e) of paragraph 27. Paragraph 27(2) omits sub-paragraph (3)(e) of paragraph 27 of Schedule 9 as this only applies to a person (companion) assisting a blind voter by voting on their behalf, and the new sub-paragraphs (5) and (6) extend this to companions voting on behalf of voters who are blind, have other disabilities or are unable to read. Paragraph 12(4) amends the local elections rules to reflect this extension of the secrecy requirement.
	The existing offence at section 111(2A)(d) of the ELA (NI) 1962 will apply to a person who acts in contravention of any of the secrecy requirements set out in paragraph 27 of Schedule 9 to the ELA (NI) 1962 , including the new requirements. A person found guilty shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale in Northern Ireland, or to imprisonment for up to 6 months.
	Paragraphs 28 and 29 amend the Local Elections (Northern Ireland) Order 1985.
	Paragraph 28 amends the eligibility requirements for a person to act as proxy in paragraph 3 (proxies at local elections) of Schedule 2 to the Local Elections (NI) Order 1985. Paragraph 28(2) inserts new sub-paragraph (1A) providing that a person is not capable of acting as proxy unless they are or will be registered in the register of local electors in Northern Ireland or Great Britain. Paragraph 28(3) removes the existing nationality requirements for a person to act as proxy in sub-paragraph (2)(b) of
	Paragraph 28(4) substitutes new sub-paragraphs (4), (4A) and (4B) for the existing sub-paragraph (4) of paragraph 3. . It currently provides that a person may vote as a proxy voter at the same local election in Northern Ireland in any electoral area, on behalf of up to two electors and an unlimited number of specified family members. The amendment sets out the new limit of 4 on the total number of electors for whom a person is entitled to vote as proxy at a local election or local elections in Northern Ireland (no more than two of whom can be registered otherwise than in pursuance of a service declaration).
	Paragraph 29 amends paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (NI) Order 1985 to provide that applications for a proxy vote must contain the date of birth of the proxy.
	Paragraph 30 makes amendments to the Elected Authorities (Northern Ireland) Act 1989. Part 2 of Schedule 1 to that Act applies and modifies certain parts of the RPA 1983 in relation to local elections in Northern Ireland. Schedule 2 to the Elections Act amends section 53 of, and Schedule 2 (which concerns provisions which may be contained in regulations as to registration etc) to, the RPA 1983 by making or amending provisions in relation to applications for absent votes and applications for electoral identity cards and similar documents. These amendments are not required to be applied separately to local elections in Northern Ireland and so paragraph 30 disapplies these provisions from Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 accordingly.
	Paragraph 31 amends the Elections Act 2001. Schedule 1 to the Elections Act 2001 applies with modifications to the Parliamentary elections rules where a local election in Northern Ireland is combined with a parliamentary election in Northern Ireland. Paragraph 31 ensures that the new questions relating to proxy limits are asked at local elections combined with parliamentary elections and that the right election is referred to.
	Paragraphs 32 and 33 make provision in relation to existing proxy vote arrangements that are in place at the time that the new limit introduced by the Act in paragraph 26 of Schedule 6 on the number of persons for whom a person may act as proxy and the requirement in paragraph 28(2) that proxies be registered in a register of local registers comes into force
	Paragraph 32 provides that existing proxy appointments at local elections 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 26 of the Schedule relating to the appointment of proxies and the requirement in paragraph 28(2) that proxies be registered in a register of local registers. 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 32(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 32(5) requires that there can be more than one specified day if paragraphs 26 and 28(2) come into force on different days.
	Paragraph 33 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. The paragraphs provide that these provisions do not apply where the application is made on or after the date on which 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 33(5) provides that there can be more than one specified day if paragraphs 26 and 28(2) come into force on different days. These provisions are designed to enable the transitional arrangements for existing proxy voters to run smoothly.