sec.30Making a declaration vote using posted referendum papers

### sec.30 Making a declaration vote using posted referendum papers A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector. An elector is an ordinary postal voter if— the elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. The polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day. A postal vote request— may be made by the elector orally or in writing; and if the request is written— must be in the approved form; and may be given to the commission or returning officer by the elector or someone else; and must state the address to which the ballot paper is to be sent. The commission must, as soon as practicable after the issue of the writ for a referendum, post a ballot paper and declaration envelope to each special postal voter. Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request. If the commission or a returning officer receives a postal vote request for an elector after the time mentioned in subsection (2) (b) , the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section. Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section. On receiving the ballot paper and declaration envelope, the elector must— sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope and seal the envelope; and either— give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8) (b) to (d) for the elector. A member of the commission’s staff who is given an envelope under subsection (8) (d) (i) must— if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or if it is given on the polling day—put the envelope in a ballot box at the polling booth. Section 36 sets out the process for examining declaration envelopes and preparing the ballot papers in them for counting. s 30 amd 2015 No. 35 s 21 ; 2019 No. 31 s 94 (sec.30-ssec.1) A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector. (sec.30-ssec.2) An elector is an ordinary postal voter if— the elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. The polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day. (sec.30-ssec.3) A postal vote request— may be made by the elector orally or in writing; and if the request is written— must be in the approved form; and may be given to the commission or returning officer by the elector or someone else; and must state the address to which the ballot paper is to be sent. (sec.30-ssec.4) The commission must, as soon as practicable after the issue of the writ for a referendum, post a ballot paper and declaration envelope to each special postal voter. (sec.30-ssec.5) Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request. (sec.30-ssec.6) If the commission or a returning officer receives a postal vote request for an elector after the time mentioned in subsection (2) (b) , the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section. (sec.30-ssec.7) Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section. (sec.30-ssec.8) On receiving the ballot paper and declaration envelope, the elector must— sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope and seal the envelope; and either— give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. (sec.30-ssec.9) If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8) (b) to (d) for the elector. (sec.30-ssec.10) A member of the commission’s staff who is given an envelope under subsection (8) (d) (i) must— if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or if it is given on the polling day—put the envelope in a ballot box at the polling booth. - (a) the elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and - (b) the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. Note— The polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day. - (a) may be made by the elector orally or in writing; and - (b) if the request is written— (i) must be in the approved form; and (ii) may be given to the commission or returning officer by the elector or someone else; and - (i) must be in the approved form; and - (ii) may be given to the commission or returning officer by the elector or someone else; and - (c) must state the address to which the ballot paper is to be sent. - (i) must be in the approved form; and - (ii) may be given to the commission or returning officer by the elector or someone else; and - (a) sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and - (b) mark a vote on the ballot paper in accordance with section 33 ; and - (c) place the ballot paper in the envelope and seal the envelope; and - (d) either— (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. - (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or - (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. - (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or - (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. - (a) if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or - (b) if it is given on the polling day—put the envelope in a ballot box at the polling booth.