Commentary on Sections Part 3: Anti-Fraud Measures Section 14 Registration: personal identifiers
86.This section provides for the collection of personal identifiers from persons applying to vote by post or proxy. The section requires postal and proxy vote applicants to provide their date of birth and signature on their application forms. It provides for the retention of identifiers by registration officers and sets out the purposes for which they may be used. The section provides for registration officers to require existing postal and proxy voters to provide their signature and date of birth.
87.This section should be read in conjunction with provisions in section 37 and paragraph 73 of Schedule 1 of the Bill under which postal voters at elections will be required to provide their signature and date of birth on the postal voting statement that postal voters must complete and return with their postal ballot paper. All postal voters, including proxy postal voters, will be subject to this requirement. Under the provisions, a postal ballot paper will not be deemed to be valid if the postal voting statement does not include either a signature or date of birth. Further, returning officers will be required to take steps to be set out in secondary regulations for verifying the signature and date of birth on the postal voting statement. This will involve checking that the identifiers provided on the postal voting statement correspond with those previously provided on the postal vote application form. If the identifiers do not correspond, this will result in the ballot paper being rejected. The detailed arrangements for checking postal voting statements will be set out in regulations.
88.Taken together, the provisions are designed to address concerns over the potential for fraud in the postal voting process, and put in place arrangements that significantly enhance the security of postal voting.
89.Subsection (1) amends paragraph 3 of Schedule 4 to the Representation of the People Act 2000 which concerns applications for absent votes for a definite or indefinite period. In future, an application for a postal or proxy vote at parliamentary elections, at local elections or both, for an indefinite or definite period must contain the applicant's signature and date of birth. The registration officer may dispense with the requirement for an applicant to provide their signature if he satisfied that the applicant is unable to provide a signature because of any disability the applicant has, or if the applicant is unable to read or write, or to sign in a consistent and distinctive way because of any such disability or inability.
90.Subsection (1) requires registration officers to keep a record of the dates of birth and signatures in relation those electors whose applications for postal and proxy votes have been granted for a definite or indefinite period. Under subsection (1), the records kept by registration officers of the dates of birth and signatures of absent voters as provided on their application form must be retained by the registration officer for the prescribed period. Secondary regulations will be made that will set out in detail the arrangements for the retention of absent voter identifiers.
91.Subsection (2) amends paragraph 4 of Schedule 4 which concerns applications for an absent vote at a particular election. Postal and proxy voters for a particular election will be required to give their date of birth and signature in their application.
92.Subsection (3) amends paragraph 7 of Schedule 4 which concerns applications for a proxy postal vote for a definite or indefinite period, or at a particular election. Proxy postal voters will be required to give their date of birth and signature on their application.
93.Subsection (4) inserts new paragraphs 7A and 7B into Schedule 4. They concern the provision of fresh signatures by absent voters, and the purpose is to ensure up to date identifiers are kept given that over time a person’s signature may change. Paragraph 7A(1) provides for postal, proxy and proxy postal voters for a definite or indefinite period at any time, of their own volition, to provide the registration officer with a fresh signature. Paragraph 7A(2) provides that the fresh signature will replace the earlier signature for the purposes of the requirements of the postal and proxy voting scheme, for example, the voter will need to use the fresh signature on their postal voting statement at an election.
94.Paragraph 7B(a) provides for regulations to be made setting out the circumstances where the registration officer may require a postal, proxy or postal proxy voter for an indefinite or definite period to provide a fresh signature. Under paragraph 7B(b), the regulations may also address the consequences of a person refusing or failing to comply with a requirement to provide a fresh signature.
95.Subsection (4) also inserts new paragraphs 7C and 7D into Schedule 4 concerning the use of personal identifier information. Paragraph 7C provides that at an election, the registration officer must either provide the returning officer with a copy of the records of personal identifiers in respect of absent voters or give the returning officer access to them. The returning officer will use these records for the purpose of verifying postal voting statements.
96.Paragraph 7D provides for records of personal identifiers to be disclosed to other specified persons, namely, other registration officers where that will assist the registration officer in the performance of his duties; any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts; and other such persons for such other purposes relating to elections as may be prescribed.
97.Subsections (5) to (7) concern the transitional arrangements for the new postal and proxy voting arrangements. The aim is to capture the personal identifiers of existing postal, proxy and postal proxy voters before the new arrangements come into force.
98.Subsection 5(a) provides for the Secretary of State to make regulations that enable registration officers to require an existing absent voter to provide the registration officer with a signature and date of birth. Under subsection 5(b), the regulations may address the consequences of an existing absent voter refusing or failing in such circumstances as are prescribed to provide a signature and date of birth.
99.Subsection (6) defines existing absent voters as postal, proxy and postal proxy voters for a definite or indefinite period, or such voters who have applied in advance in respect of a particular election only.
100.Subsection (7) provides that the regulations concerning the transitional arrangements may make different provision for different purposes. The section provides for the regulations to be subject to the negative resolution procedure.
101.Subsection (8) states that nothing in the section or the amendments made by it has effect in relation to anything which is done only for the purposes of a local government election in Scotland.