Instructions to Presiding Officers and Polling Clerks

Transcription

1 Instructions to Presiding Officers and Polling Clerks Scottish Parliamentary Elections Aberdeen Constituencies and North East Scotland Region Polling Day: Thursday, 5 th May 2016 Prepared by the Election Office, Aberdeen City Council February 2016

2 POINTS OF NOTE FOR THESE ELECTIONS 3 1 Introduction 4 2 Scottish Parliament Elections Polling Station Arrangements. 5 4 Preparing for Polling Day 6 5 Polling Day Before the Polls Open. 7 6 Polling Station Layout 8 7. Taking Account of the Needs of Disabled Voters 9 8. Directional Signage 9 9 Polling Station Notices and Instructions Sealing the Ballot Boxes Last Minute Checks The Security and Maintenance of the Polling Place Maintenance of the Polling Station The Hours of Poll Basic Voting Procedure Checking the Register Poll Cards Who can vote? Issuing the Ballot Paper What to Do if a Voter Makes a Mistake and Spoils a Ballot Paper Personation of a Voter The Procedure for Tendered Ballot Papers Challenge of a Voter by Agent or Candidate The Prescribed Questions Providing Assistance to Voters Assistance to voters unable to gain access to the Polling Place Voters with Hearing Impairment 24 1

3 28 Certificates of Employment Possible Registration Issues Anonymous Registration Under Age but Registered Elector Spelling Mistakes and Electors Who Have Changed Their Name Who is Eligible to Vote? Absent Voters The Close of Poll The Paperwork The Ballot Paper Accounts Forms Generally Ballot Paper Account Example Transporting the Materials to the Count Difficult Situations Serious Disorder Emergencies Incapacitated Persons Tellers The Media and Exit Polls 38 Appendix 1 Sample Ballot Paper Account 39 Appendix 2 - Contact Details 40 Appendix 4 Procedure for postal and proxy voters 42 Appendix 5 Secrecy Requirements 45 Appendix 6 The prescribed questions 47 2

4 POINTS OF NOTE FOR THESE ELECTIONS Differences from previous elections and to which you should pay particular attention: There are TWO types of ballot paper, TWO ballot boxes but ONE Corresponding Numbers List (CNL). ALL voters get both papers. You must label the ballot boxes before the Poll opens. The Voting Age has changed 16 and 17 years are eligible to vote. Anyone on the Register is deemed to be of Voting Age dates of attaining Voting Age no longer appear on the Register. Replacements for spoilt postal votes can be made up until 5pm. Replacements for lost postal votes can be made up until 10pm. Please advise the elector to contact the Election Office on If the elector does not want to seek a replacement, follow the tendered procedure. Numbers of Emergency Proxies are likely to be significant. Details of those received up to 48hrs before Polling Day will be with your Polling Station materials. Those received later will be communicated via the tablet computer. No1 Presiding Officers will be provided with a tablet computer for communication with the Election Office. Full training will be provided but you should note that it is to be used to pass information relating to all the Stations in the Polling Place. While the tablet should be left switched on at close of poll, it MUST NOT BE PUT IN THE BALLOT BOX. To improve security, We are not issuing card passes to Candidates and Agents. Instead we will supply you with a list of those who are accredited. Anyone seeking admission to the Polling station as a candidate or agent must produce photographic evidence of identity which you must check against this list. 3

5 1 Introduction The regular elections to the Scottish Parliament will take place on Thursday 5 th May Many of you will have worked as polling staff at a number of recent elections and, indeed, at the Scottish Parliament elections in 2007 or While there are many similarities with these other polls, there are significant differences and the purpose of these notes is to draw your attention to these and to provide you with the information which you need to discharge your statutory duties in a confident and efficient manner. They are INSTRUCTIONS issued on behalf of the Chief Executive of Aberdeen City Council in her capacity as Regional Returning Officer for the North East Region and Constituency Returning Officer for the Aberdeen Donside, Aberdeen Central and Aberdeen South and North Kincardine Constituencies. Remember that employment as a Presiding Officer or Polling Clerk is not just another job. It is a statutory appointment with specific personal duties and liabilities and, in extreme cases, if you fail in those duties, you may be prosecuted. You should read these notes well in advance and, if anything is unclear, you should ask for advice from the Election Unit ( [email protected]) Before you start, you should consider whether you have undertaken any activities which disqualify you for acting as a Presiding Officer or Polling Clerk. It is a criminal offence to act on behalf of both the Returning Officer and a candidate or political party in connection with the election. While mere membership of a political party will not disqualify you, any active part in the campaign, however trivial, most certainly will, as will the making of any public statement (for example on social media) supporting or opposing any candidate or party. If in doubt: ask. Contact Details For all matters in relation to the poll, the three Depute Returning Officers in the Election Unit David Gow, Steven Dongworth and Crawford Langley act with the full powers of the Returning Officer and should be your first point of contact. All can be contacted on [email protected]. On polling day, the office will be staffed from 0600hrs until early evening. Use the mobile phone numbers for contact after operations move to the Count Centre. Additional mobile phone numbers, for use on polling day only, will be provided in your Quick Guide. The fourth Depute Returning Officer - Ciaran Monaghan - tends to undertake specific duties more associated with the count. As mentioned in more detail later in this handbook, questions related to voter registration or the entitlement of an individual to vote, either at all, or in person, by proxy or by post, can ONLY be handled by the Electoral Registration Officer ( ero@grampian- 4

6 vjb.gov.uk) and not by the Election Unit. A specific number for use by polling staff only in relation to Emergency proxies will be provided in your Quick Guide. 2 Scottish Parliament Elections. There are two elements to Scottish Parliamentary elections - the Constituency poll, conducted on First Past the Post principles, and the Regional Poll to elect Additional Members which uses a type of proportional representation, Accordingly, every elector receives two Ballot Papers the Constituency paper (lilac) and the Regional paper (peach) and it is fundamentally important that voters understand that they should mark a single cross on each paper against the name of the candidate of his/her choice on the constituency paper and against the name of a registered political party or individual independent candidate on the Regional Paper. There will be two ballot boxes and you must advise voters of this and that they should put the papers in the appropriate box. While papers in the wrong box will be counted, they add significantly to the complexity of the count and slow it down. Experience has shown that some electors do not understand this system and you must explain it if necessary. Obviously, you cannot assist a voter in choosing the candidate or party for whom to vote. Nor can you provide any information or express any opinion as to the policies for which a candidate or party stands. Voters sometimes complain that they have received no information as to the policies of the candidates and their parties. You should explain that it is entirely a matter for the candidates and their parties how they campaign (or even whether they campaign) and there is no central repository with which they must lodge their manifestos. Any mark other than a cross may lead to the paper being regarded as spoiled and not counted: More than one mark on a paper will almost certainly lead to the paper being regarded as spoiled. You are not required to be an expert on the d Hondt system of proportional representation used for the Regional poll, but you must understand enough of the basics to be able to explain it accurately to a voter if asked. An explanation of the system is provided in Appendix 1 to this handbook, but, in essence, it is a method which allocates additional seats to political parties, or individual candidates not standing on behalf of a party, in proportion to the share of the vote which that party or candidate has received, taking into account (in the case of parties) the number of seats already won in the Constituency poll. Note that in relation to political candidates, an elector is, in the Regional poll, voting for a party and not a candidate. The parties will have supplied lists of their candidates, in the order in which the party would wish to see them elected and, in the event of the party being allocated additional seats, its candidates will be declared elected in that order. It is not open to an elector to edit the party list and a mark anywhere in the section of the paper relating to a party will be taken as a vote for the party. 3. Polling Station Arrangements. Despite the two Ballot Papers, this is a relatively straightforward election and it is not intended to augment the staffing in Polling Stations beyond the standard, one Presiding Officer and 5

7 one Polling Clerk. As usual the size and layout of particular Polling Places will be borne in mind and additional staff in the form of Information Officers or additional Polling Clerks will be appointed where circumstances warrant it. You should arrive at your Polling Station at 0615hrs. prompt (caretakers etc. have been told to open the premises at 0615hrs, so if you arrive much earlier, you may have to wait outside). Most Polling Places will be in familiar locations but do not assume that it will be in the same place as at previous elections. Make sure that you know where you are going and how long it will take you to get there. Whilst many Polling Places are situated in schools or halls with adequate parking in the grounds, this cannot be guaranteed and you are not exempt from parking regulations if you have to park elsewhere. Wherever you park, make sure that you do not obstruct parking/access for voters with disabilities. Your Polling Station number is on your letter of appointment and it is important that you attend the correct station. Polling Station numbers take the form of two letters followed by four numerals, an oblique stroke and a further numeral eg DN 0103/1. It is the figure after the oblique which indicates the particular station in the Polling Place - /1 is the number one station, - /2 the number two station etc. Although two members of staff have been appointed to each Polling Station, it is perfectly legal to operate with one. If the other member of staff has not turned up, we will endeavour to provide a replacement (we have a number of reserves) but, unless you are in a Polling Place with a single station, please do not contact the Election Unit about an absentee until around This allows for unexpected transport delays etc. and allows us to concentrate our limited resources (there are only three of us) on ensuring that every Polling Station can open at 0700hrs. If, for any reason, you are unable to work on polling day, or likely to be delayed, please let us know as soon as possible. The office will be staffed from 0600hrs. on polling day, possibly earlier, and an answering machine operates at other times. 4 Preparing for Polling Day Remember that the hours of poll are from 0700 to 2200 and that you are required by statute to be present in the Polling Place for the whole of those hours. There is no legal entitlement to meal breaks. Obviously you need to eat, so you should ensure that you take enough food and drink for the duration or make arrangements for supply drops at suitable intervals you can t pop out to the corner shop. Common-sense arrangements should be made between PO and PC to allow each other short breaks at quiet times. In many Polling Places you will have access to a staff room or equivalent with kettle etc, but do not assume that this will be so. Dress code is smart comfortable. Remember that you will be working for upwards of fifteen hours and that some halls can be draughty. You must not, however, wear anything which could be (mis)interpreted as making a political statement. Badges and slogans supporting a party or candidate are obviously taboo, but think of the subliminal message which could be 6

8 taken from a Scotland rugby shirt or a Team GB sweatshirt. If possible, avoid anything with wording or a logo. 5 Polling Day Before the Polls Open. If the key-holder has not arrived shortly after 0615, contact the Election Unit immediately. We have alternative contacts for each Polling Place and have a locksmith on standby to force entry if required. The Polling Station must open at exactly 0700, even if you have to improvise temporarily in the back of a car. The ballot boxes, polling booths and stationery will have been delivered to the Polling Place the day before and kept secure overnight. The keyholder will be able to advise you of the location. If you are unable to find the materials, contact the Election Unit immediately. We have reserve supplies which can be made available if absolutely necessary. Unlike previous elections the stationery will not be packed in the ballot box, but will be in a separate tamper-evident sack. IT IS IMPORTANT TO NOTE THAT, ON THIS OCCASION, THE BALLOT BOXES WILL NOT BE LABELLED WHEN YOU RECEIVE THEM. THE APPROPRIATE COLOUR- CODED LABELS WILL BE PROVIDED IN THE SACK AND YOU MUST ATTACH THEM TO THE BOXES, MAKING SURE THAT ANY OLD LABELS ON THE BOXES ARE REMOVED OR COVERED. TWO LABELS WILL BE PROVIDED FOR EACH BOX ONE FOR THE SIDE AND ONE FOR THE TOP. THE LABELS ARE COLOUR-CODED ACCORDING TO THE COLOUR OF THE BALLOT PAPER LILAC FOR THE CONSTITUENCY; PEACH FOR THE REGION. THE BOXES SHOULD BE PLACED SIDE BY SIDE WITH THE CONSTITUENCY BOX TO THE LEFT. An inventory of stationery and materials will be supplied with the sack. You should check the contents immediately and contact the Election Unit if there are any discrepancies. In particular, you should ensure that the Ballot Papers, Corresponding Numbers List (CNL) (printed on lilac paper) and Register (printed on yellow paper) are the correct ones for your station and that the numbers on both sets of Ballot Papers match those on the CNL. There is only one CNL to cover both types of ballot paper. It is lilac; do not look for a peach CNL! The Register and most forms with the exception of the Ballot Paper Accounts and Tendered Votes Lists are common to both polls. Note also that pencils, rulers, string etc are contained in the sundries pack which is a zipped plastic bag with green writing on it. Again, experience has revealed that some Presiding Officers fail to open this pack. You are responsible for setting up the Polling Station. The kit will have been delivered the day before and you merely have to set it up and position the signage. You will have had the opportunity to familiarise yourself with the kit at the training session and the principles to be adopted in setting out the station are set out in the next section. 7

9 On this occasion, The No 1 Presiding Officer in each Polling Place will be supplied with a tablet computer for communication with the Election Unit. Full training on its use will be given at separate training sessions, but a number of basic points should be noted; While only the PO1 will have a tablet, it must be used for communicating relevant information for all Polling stations in the Polling Place. Initially it should be used to confirm that stations are set up and ready to open or any problems. During the day it will be used to provide details of any emergency proxies. At Close of Poll, it must be used to provide details of the various Ballot Paper Accounts and must be left switched on to provide tracking of the Ballot Boxes. IT MUST NOT BE PUT IN THE BALLOT BOX. 6 Polling Station Layout The first job on your arrival is to set up the Polling Station and put up the signs including those outside the building. Make sure that it is easy for all voters, including those with disabilities, to enter the building, paying particular attention to disabled entrances in premises where these are not the main door. If possible, in such cases, either use the disabled access as the entrance for all voters or wedge it open GIVEN THE FAILURE RATE OF PORTABLE DOORBELLS, WE WILL NOT BE SUPPLYING THEM ON THIS OCCASION. YOU MUST, THEREFORE PAY PARTICULAR ATTENTION TO THE ACCESS REQUIREMENTS OF DISABLED VOTERS. Signage is important, particularly when the most obvious door is not being used or where it is possible to approach the building from different directions. Intending voters must never be faced with a locked gate or door with no clear directions to the door in use. Where the outside door of the premises will normally be closed during the hours of poll, make sure that it can easily be opened by voters and that it cannot latch shut automatically. Check the door periodically it is not unknown for mischievous individuals to interfere. A layout diagram for a typical Polling Station is given below but you should adapt it to suit the premises which you are using. The basic points to be borne in mind are: (1) It must be easy for voters to find the station to which they have been allocated: Signage must be clear and where there is more than one station in a room, the stations should be clearly separated by barriers. (2) The desk for staff should be clearly visible from the entrance to the station. (3) The polling booth should be situated in such a way that (a) It is possible for every voter to mark his or her Ballot Papers in secret (b) It is not possible for a voter to leave the Polling Station without passing the ballot box. (c) It is not possible to put Ballot Papers in the ballot box for another station. (d) The low level shelf is in a position convenient for wheelchair users. 8

10 (e) There is no political/campaigning material displayed in the Polling Station 7. Taking Account of the Needs of Disabled Voters Ensure that the ballot boxes are accessible. Usually this will mean putting them on chairs rather than the table. Position signs at a height where they can be read by all voters including wheelchair users. Ensure sufficient space for wheelchair access to the voting compartments. You will be provided with a unit containing 4 voting compartments. One of these will have the writing shelf at a lower level to suit wheelchair users. Ensure that there is room for a wheelchair user to access the lower level shelf and avoid the possibility of those in a queue being able to see over his or her shoulder. Take time to understand how to use the Selector device to assist blind voters. 8. Directional Signage Ensure that external signage is clear and logical. In placing the signs it may be useful to follow the route from street to ballot box to make sure they are logical and easy to follow. Remember that too many signs can be as confusing as too few. You do not need to use all the signs supplied if the route is obvious. Where free standing metal signs are provided these should be used only within the building unless they are weighted with sandbags. It is important to ensure that, where only one entrance to a building is in use for polling purposes (particularly where other entrances are on different streets) there is signage at closed doors, pointing to the one which is in use. 9

11 Sufficient signs should have been provided with your ballot boxes and you should position these appropriately but if it appears during the day that additional signage is necessary, you will find additional supplies in the sundries pack. Visiting RO staff can always arrange for further supplies to be provided. 9 Polling Station Notices and Instructions OUTER / LARGE A FRAME SIGN 1. Full set of Station Identity Signs 2. Full set of Street Lists for Polling Place TOTEM POLL 1. Station Identity Sign 2. Street List 3. Large Sample Ballot Paper 4. Graphical Instruction 5. List of Party List Candidates POLLING BOOTH 1. Graphical Instruction at each desk INFORMATION PACK (PO1) 1. Full set of Street Lists for the City 2. Graphical Instruction 3. Booklet with Guidance for Voters Notice and Translations 4. List of Party List Candidates POLLING STAFF DESK 1. Graphical Instruction 2. A3 Sample Ballot Paper 3. Crib Sheet / Quick Reference Guide 4. No Photography/No Mobile Phones Sign If it has not already been done, you should number the street lists at the entrance to the Polling Place: Station 1, Station 2, etc. The station identity sign on the Totem Poll (the manufacturer likes the pun!) at each station should be similarly numbered. Note that the station identity signs give the full station code and are not interchangeable between stations. Directional arrows should be provided where appropriate. A further full set of street lists for the city will be provided to the Presiding Officer No Sealing the Ballot Boxes On this occasion you will have two ballot boxes one for each type of Ballot Paper. As mentioned above, you must label these securely prior to the opening of the polls as follows: Scottish Parliament Constituency (lilac) Scottish Parliament Regional (peach) Make sure that the labels correspond to the location and number of your Polling Station and that all old labels are removed or covered and that the new labels are securely attached. The Presiding Officer should close and seal the ballot boxes a few minutes before 0700hrs. If Candidates, Agents or Observers are present you should show them that the boxes are empty before you seal them. 10

12 The ballot boxes supplied will be the collapsible plastic type. These have a cardboard insert for rigidity which should not be removed and should be as close as possible to the side of the box to avoid papers slipping down behind it. These boxes are sealed with single use plastic security seals, each of which has a unique number. Remember not to seal the slot until the close of poll and retain a seal for this purpose. (More than one PO has forgotten this elementary point.) Record the serial numbers of the seals used where indicated at the foot of the appropriate Ballot Paper Account. There is no magic attached to the number of seals which you should use. The important thing is that, the box must be incapable of being opened or anything removed or inserted without destroying whatever seals you have fixed to it. Note that while candidates and agents are entitled to affix their own seals to the ballot box, this only applies at close of poll, not at the start. Note also that this right only applies to agents accredited for the particular poll i.e. Constituency or Regional (although many Agents will be accredited for both). It is the responsibility of anyone wishing to affix a seal to provide a suitable seal. Since the boxes are plastic, sealing wax must not be used. 11 Last Minute Checks Just before you open the Polling Station, take a few moments to double check that everything is ready, that the materials are all present and the layout is appropriate. Ensure that the Official Envelopes, unused books of Ballot Papers, tendered Ballot Papers and other official documentation are safely out of the reach of everyone other than polling staff. Remember to use your Ballot Papers, commencing with the lowest serial number, in the order in which they appear on the Corresponding Numbers List. If you do not do this, you will have great difficulty in complying with your statutory duty to complete the Ballot Paper Account accurately. Note that there are no counterfoils to the Ballot Papers (even if the construction of the books leaves a stub when you tear the Ballot Paper out) the elector s number is entered only on the Corresponding Numbers List against the number of the Ballot Papers. There is a single Corresponding Numbers List, printed on lilac paper, with two sets of Ballot Paper numbers and you must ensure that both numbers correspond to the papers which you issue. There is a statutory presumption that every elector will be issued with both types of Ballot Paper and you should automatically issue them in sets. If a voter only wishes to use one type of paper, he/she should be encouraged to put the unused paper into the appropriate box, preferably writing spoiled on it. If, and only if, a voter absolutely refuses to take one sort of paper should you issue a single type of paper. You should still tear both papers out of the books, write the elector s number against the Ballot Paper number in the column for the paper taken and refused against that number in the column for the paper not taken. Write cancelled across the face of the paper not taken and put it in the sack for unused and spoiled papers, not in the ballot box. 11

13 You should also mark on the Register the type, but not number of the paper taken. There is a slight risk that someone who has taken only one type of paper will come back later to use the other paper. This is perfectly legal but it increases the risk of personation. You should always ask the prescribed questions in this case. This cancelling of the unused one of the pair is critically important to keep the numbers running in parallel for future voters. Remember that on this occasion there are two types of normal Ballot Paper, each a different colour: Scottish Parliament Constituency (lilac) Scottish Parliament Regional (peach) Both types of tendered Ballot Papers will be pink. 12 The Security and Maintenance of the Polling Place The Polling Place is the building e.g. a school in which there may be a number of Polling Stations. A Polling Station is the room (or section of a hall) where votes are cast for a particular polling district. While each Presiding officer is personally responsible for the conduct of his/her Polling Station, the Presiding Officer at the no. 1 station in any Polling Place has general oversight of the arrangements in that Polling Place in particular for controlling the activities of Tellers, if they are admitted to the grounds, for ensuring that no party posters are displayed within the Polling Place (including on cars parked within the grounds (except temporarily to deposit voters) or on the outside walls/railings of the Polling Place. The PO must maintain order in the Polling Station and has the power to order a person s removal from the Polling Station. Persons entitled to vote at that Polling Station must nevertheless be allowed to vote before they are removed from the Polling Station. The power of physical removal lies only with the Police (or a Depute Returning Officer) at the request of the PO and if necessary you should summon assistance as soon as possible. You do not have the power to physically eject a person. If necessary, you should not hesitate to call the Police 101 or, in an emergency 999. It is unlikely that a Police Officer will be allocated to your Polling Station for the whole hours of poll (although the Returning Officer and Chief Constable may, in exceptional circumstances, arrange for this).you will, however, receive several visits by Officers on mobile patrol. A person who has been removed from the Polling Station may only be readmitted on the authority of the PO. Bear in mind that the law provides for exclusion from the Polling Station, not the Polling Place, so where there are several Polling Stations in a hall, it may be necessary for all the Presiding Officers to exercise their powers of exclusion. 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. 12

14 This tolerance extends only to the point at which they cause inconvenience to voters or any Candidate or Polling Agent objects. At that point you must require all Tellers to confine their activities to the public road. 13. Maintenance of the Polling Station The PO should regularly check the Polling Station (or delegate a Polling Clerk to do this). It should be tidy and voters should have unimpeded access at all times. As you inspect the premises you should: Check signs and notices replace or repair any damaged or defaced ones Make sure that access to the Polling Stations is not blocked Instruct anyone who is campaigning in the Polling Place to leave Make sure there is sufficient light for voters in the polling booths Make sure that the pencils are still attached to the booths and 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 14. The Hours of Poll Opening the Polling Station There is often a number of electors who arrive promptly at the opening of the poll. Even if there is a queue, you cannot let anyone vote before 7am. The following people are allowed to be in a Polling Station during the hours of poll: Voters Companions of voters with disabilities Children accompanying voters Candidates and Election Agents One Polling Agent for each candidate / party Police Officers on Duty The Returning Officer and staff appointed by her Official Observers and Electoral Commission representatives The Presiding Officer can, if necessary, restrict the number of persons in a Polling Station to avoid disruption of voting. You cannot, however, eject Polling Agents or representatives of the Electoral Commission. If you have to limit the number of other types of official observers (unlikely!) you must do so on a rolling basis. Each candidate / party may appoint Polling Agents. To improve security, we no longer issue authorisation cards to Candidates, Election Agents and Polling Agents. Instead, you will be provided with a list of those so authorised and you must check photographic evidence of Identity against this. 13

15 Unlike Tellers, Polling Agents they have the right to enter the Polling Station and observe voting throughout the hours of poll. The historical reason for this is to allow them to detect and deter people impersonating voters. This is a crime known as Personation and carries significant penalties. In recent years, however, Polling Agents have tended to visit only occasionally to check turnout. Only one Polling Agent for any particular candidate / party may be in a Polling Station at any one time. It is likely that you will receive a visit from them at some point during the day but they must not disrupt voting or attempt to canvass voters. It is permissible for a Polling Agent to be in the Polling Station during the whole hours of poll but this is very unusual. Normally they will visit occasionally and will be interested in the number of Ballot Papers issued at this time. You cannot tell them whether any particular person has voted (or not voted) and while, if present for the whole or part of the voting process they are entitled to mark names off on their own copies of the Register, these copies must not be taken out of the Polling Station during the hours of poll. Remember to check the identity of agents. While some may be accredited for both the Regional and Constituency polls, an agent accredited for only one poll is not entitled to turnout figures for the other. Do not, however, treat it as a state secret it is not a major problem if an agent for the wrong poll overhears. In addition you may, during the course of the day, receive a visit from the Returning Officer or one of her representatives and Senior Police Officers, and/or duly accredited Observers (who should be asked for their authorisation card). 15 Basic Voting Procedure A major change for this election is that the franchise (right to vote) has been extended to 16 and 17 year olds. This means that virtually everyone who appears on the Register will be entitled to vote and dates indicating the day on which an individual attains voting age no longer appear. The voting process should be very straightforward: (1) Greet the elector, ask for his/her name and address, and check the eligibility to vote (PC). (a Poll Card can be useful here but is not a substitute) (2) Mark the Register against the number and name of the elector by placing a straight line through the elector s number and name (PC) (3) Call out the name and number of the elector (PC) (4) Write the elector s registration number including the polling district reference letters/number on the Corresponding Numbers List against the relevant Ballot Paper numbers (PO). The Ballot Paper numbers for the two polls should be the same. (You should check periodically that the numbers are running in parallel) 14

16 (5) Note that while most electors will have a single number of up to 4 digits e.g. 1234, rolling registration allows for additional electors to be added at a late date. To avoid disrupting the numerical order, these electors are allocated numbers e.g. 1234/100, 1234/200 etc. Both parts of the number must be entered on the Corresponding Numbers List. (6) Hand the Ballot Papers to the elector with any explanation asked for by the voter. (PO) (7) Check that the voter puts nothing other than the Ballot Paper in the Ballot Box and that the correct paper goes into each box (PC) If an elector s name is scored off by mistake write stet against it in the register and proceed to mark off the correct elector. This can only be done immediately after the mistake has been made. When the elector marked off in error comes in to vote, score out the stet. Do not try to reconstruct mistakes after the voter has left the station. 16 Checking the Register Ask the elector his/her name and address and check to see if he/she is on the Register of Electors and eligible to vote. Even if a person hands in a poll card you must still ask and check the name and address (PC). This is particularly important where there are several people with similar names at the same address. Be particularly careful with middle names. John A Smith could be listed as John Smith but it is unlikely that John Smith would be listed as John A Smith. If you have both a John Smith and a John A Smith on the register and 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. Make sure that you understand how the Register is arranged. Normally, streets will appear in alphabetical order with odd and even numbers listed separately. You will not necessarily have the whole of any street. At the end of the Register, there may be a section headed Other Electors. These are people, such as anonymous electors or homeless people, who don t fall neatly into street addresses. You must check this section before refusing a vote to anyone. If there are two or more Polling Stations in the Polling Place, please make sure that voters attend the correct one. The Polling Station should have a sign displayed listing the streets/addresses or an alphabetical division of voters. Make sure that this is displayed prominently. 17. Poll Cards. Poll cards can be very useful in helping you to find an elector in the Register. They contain a number of very significant pieces of information. There are a number of different types of Poll Card most significantly, yellow ones and white ones. 15

17 A yellow one is issued to a postal voter who is not entitled to vote in person at a Polling Station. (See below in relation to postal voters) A white Poll Card states the Polling Station at which the voter is registered to vote, so you can tell at once whether you should be directing the voter to some other Polling Station. The poll card also gives the voter s name and address and elector s number, all of which can help you find the correct entry where, for example, the spelling of the name is unfamiliar or the address is not straightforward. A POLL CARD IS NOT, HOWEVER, EVIDENCE OF IDENTITY AND YOU MUST ALWAYS ASK THE VOTER TO STATE HIS/HER NAME AND ADRESS ORALLY. A poll card may have come into the hands of a person other than the voter who is entitled to it: innocently (eg picked up the card belonging to another member of the family from the hall table); illegally (eg by deliberately removing it from a common mail box) or with the connivance of the voter (in an attempt to set up an informal proxy). Whatever the circumstances, use of a Poll Card to obtain the vote belonging to another is a criminal offence and you must not facilitate it. The only voters who must produce a poll card are anonymous ones whose name and address do not appear on the Register. These voters are listed in the other Electors section at the end of your register by the letter N against the elector s number. You must not ask these voters to state their name and address but they must produce a poll card. There are very few anonymous voters. Staff often ask what to do with Poll Cards which the voter leaves in the Polling Station. There are 3 basic points to remember: The Card belongs to the voter and not to the Returning Officer. It is up to the voter to keep it or throw it away. If it is left in the polling Station, the voter has thrown it away. It does NOT contain information to which the Data Protection Act applies. There are NO data protection implications in disposing of them. We have no recycling facilities and please do not take them away to put in a recycling bin elsewhere. Tear them across and put them in the rubbish bag in the Polling Station. Do not let any candidate or Agent get a hold of them. 18 Who can vote? Remember that for this election, voting age has been reduced to 16 and that the date on which anyone attains that age is NOT shown on the Register, Anyone who is on the Register is deemed to be of voting age. Only people whose names are on the Register or their duly appointed proxies can vote provided that they are eligible to vote in that poll (i.e. there is no letter indicating a lack of entitlement). For this election, the only letters which indicate a lack of entitlement are E (peer who is an overseas elector); F (other overseas elector) and U (EU citizen who has chosen to vote in Scotland only at EU Parliament elections). As you will realise, all these categories are extremely rare. 16

18 As always, A against an elector s name means that a postal vote has been issued and the basic rule of one person: one vote prevents you from issuing an ordinary Ballot Paper. A later section of this handbook deals with this in greater detail. P indicates that a proxy has been appointed. Either the elector or the proxy may vote in the Polling Station but not both. The letters A and P together indicate that an appointed proxy has chosen to vote by post. This is a fairly rare category but the A is absolute in indicating that neither can vote in person. 19 Issuing the Ballot Paper If the Presiding Officer is satisfied that the voter is on the Register of Electors and eligible to vote, the elector must be issued with the appropriate Ballot Papers: The Polling Clerk reads out the elector s name, the polling district letter(s)/number(s) and election number from the Register including any suffix e.g. 1234/100. The Presiding Officer writes the polling district number and Elector s number on the Corresponding Numbers List, against the relevant Ballot Paper numbers, removes the Ballot Papers (carefully!) from the books and hands the Ballot Papers to the elector. Remember that the two Ballot Paper numbers should always run in parallel. You should always issue both papers. The voter should mark his/her Ballot Papers in the privacy of the polling booth and fold them separately to conceal the votes. The voter should then show the official mark on back of each the folded Ballot Papers to the Presiding Officer and place each Ballot Paper in the Ballot Box marked for that type of paper. Make sure that the voter does not fold one inside the other and put them in the same box. NB You must not write anything on the Ballot Papers themselves. If you do, the vote is unlikely to be counted and the whole validity of the election may be challenged. You may also be prosecuted for breach of statutory duty. If the voter specifically refuses one of the papers, you must write refused against that Ballot Paper number on the CNL, write cancelled on the face of the unused paper and put it in the sack for unused and spoiled papers. The voter s entry on the Register should be marked to show the type of paper taken.. This is important since it is possible (but unlikely) that the elector will come back later to vote in the other poll. In this event, you must issue only the type of paper which was not taken previously. Do not attempt to use the paper which was previously refused: issue the next available paper from the book. To keep the remaining papers in logical sequence (and ensure that your Ballot Paper Account balances) you must remove its partner in the other poll from the book, mark it as unused on the CNL and mark the voter s entry in the Register to show that all votes have now been cast. 17

19 Where someone comes back to claim the unused paper in this way, there is an obvious risk of personation. You should normally ask the prescribed questions in these cases. It is, of course, proper for a voter who has accepted both papers, to leave one or both blank and put the papers in the appropriate Ballot Boxes. Under no circumstances should you take back a normal Ballot Paper which has been issued properly to a voter it must go in the Ballot Box. Nor must you put any un-issued Ballot Paper in the box it must go in the sack for unused and spoilt papers. You should not allow any voter to take a Ballot Paper out of the Polling Station. Occasionally an elector may ask about the secrecy of the ballot when his/her elector s number is written on the CNL against the Ballot Paper number. It is done to protect electors against fraud. The CNL, the marked copy of the Register and used Ballot Papers are kept in official custody in separate sealed packets. The CNL and used Ballot Papers are only open to examination following a court order where there has been an allegation that an election offence has been committed. The CNL and used Ballot Papers are kept separate and in any event it would be a major task to identify any particular Ballot Paper from the thousands counted. Ballot Papers are now printed with a number of sophisticated security features which are more secure than the previously used perforated mark and accordingly no stamping prior to issue is required. Each Ballot Paper is however, required to have a visible Unique Identifying Mark on the back which should be shown to the Presiding Officer before the elector puts the Ballot Paper in the box. At this election the code letters and numbers on the back of the Ballot Paper constitute this mark. Ensuring the secrecy of the ballot at all times is a paramount aspect of the electoral process. A copy of the relevant provisions of the Representation of the People Act 1983 forms an Appendix to this Manual. 20 What to Do if a Voter Makes a Mistake and Spoils a Ballot Paper Do NOT issue a Tendered (pink) Ballot Paper. These are for use only in very specific circumstance (see later) and this is not one of them. Sometimes voters do make mistakes, by marking against the wrong Candidate or Party, particularly where there is a similarity in names. If a voter says that he/she has made a mistake, first take the spoilt Ballot Paper from him/her, write cancelled against the number of that Ballot Paper on the CNL, then issue a replacement Ballot Paper, not forgetting to write the electoral registration number on the CNL against the number of the new Ballot Paper. The PO should then take the spoilt paper, write cancelled on it and put it in the sack for unused and spoiled papers, in the Ballot Box. At the close of poll you must count and record the number of spoilt Ballot Papers on the Ballot Paper Account. If a Ballot Paper is torn (either when removing it from the book or after it has been delivered to the voter) treat it as a spoilt paper as above. Do not try to repair it with sticky tape. 18

20 Note that Scottish Parliament papers should be issued in pairs one Constituency, one Regional so that where only one paper is spoiled, both should be taken back and a fresh pair issued. Once a Ballot Paper is in the box (or a marked tendered Ballot Paper has been handed back to the PO) it is too late for the voter to change his/her mind. 21 Personation of a Voter There may be rare occasions when a member of the Polling Station team, a voter or a Candidate or Polling Agent suspects that the person requesting a Ballot Paper is not who he/she claims to be. This is called personation and is a serious offence. Please remember that an elector, as distinct from a proxy, 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. For example, a married woman may retain her maiden name for certain purposes and may legally be registered under either it or her married name, but not both. Presiding Officers have no right to interrogate a person even if they suspect an instance of personation, nor do you have the right to ask for evidence of identity. 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 voter before he/she is issued with a Ballot Paper, and not afterwards. A Polling Clerk may ask the Prescribed Questions, but it is preferable for the Presiding Officer to intervene if a person is suspected of personation as in any case where legal proceedings may be in prospect. The Prescribed Questions are asked to determine whether the applicant is the person who appears on the Register of Electors (or List of Proxies if he/she is voting as a proxy for someone else), and whether he/she has voted in the election (or on behalf of that voter if he/she is acting as proxy). If the person answers the questions satisfactorily then you must issue him/her with the appropriate Ballot Paper(s). Note that satisfactorily in this case means that you get answers indicating that the voter asserts that he/she is the person registered under that name at that address and that he/she has not already voted. It does not mean that you believe the answers. Any case of suspected personation should be noted in the Polling Station Log (green) and notified to the immediately Election Unit. 22 The Procedure for Tendered Ballot Papers There may be very rare occasions when a person not entitled to vote by post applies for a Ballot Paper, either to vote on his/her own behalf or as a proxy, only to find that his/her name is already scored off in the Register as having voted. Assuming that it is not a mistake on the 19

21 part of yourself or your colleague, this is evidence of fraud, attempted or actual. You have no power to play detective to try to ascertain whether the previous vote was by someone else masquerading as the voter or the person before you is trying to vote for a second time. The tendered Ballot Paper procedure must be followed in such circumstances. The Polling Clerk should refer the elector to the Presiding Officer. The Presiding Officer should follow the procedure for issuing tendered Ballot Papers if: The elector has already been marked off on the Electoral Register as having voted i.e. someone else (other than a properly appointed proxy) seems to have voted for him/her. A proxy has already been marked off on the List of Proxies and the elector marked off on the Electoral 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 Electoral Register indicates that the elector has voted in person (the List of Proxies in this case would not be marked). Remember that an elector who has appointed a proxy can still vote in person if he/she does so before the proxy attempts to do so. It would, therefore, only be where the proxy knows for certain that the voter is, for example, in traction with a broken leg or is climbing Mount Everest that this paragraph is relevant. The Presiding Officer should check the entry on the Register of Electors to make sure no mistake has been made. Once this has been confirmed the Presiding Officer must ask the prescribed questions. See Appendix 6 below for the form of words which must be used. If the elector or proxy gives the required answers the Prescribed Questions, the Presiding Officer must issue tendered Ballot Paper(s) the voter cannot legally be given ordinary Ballot Papers. Both types of tendered Ballot Papers are pink. The Presiding Officer must write the elector s electoral registration number (including the polling district letter(s)/number(s)) and enter the elector s name and electoral registration number on the Tendered Vote s List. The voter must sign the entry on the Tendered Votes List. The Presiding Officer should hand the Ballot Papers to the voter, ask the voter to vote in secret, fold the Ballot Paper and return it to the Presiding Officer. A tendered Ballot Paper must never be placed in the Ballot Box. The Presiding Officer should then take the folded tendered Ballot Papers and write on the back of each of them, the name of the voter together with the electoral registration number, including the polling district letter(s)/number(s) and place them in the relevant official envelopes. This is the only occasion on which you should write anything on a live Ballot Paper. 23 Challenge of a Voter by Agent or Candidate 20

22 If a Candidate or an Election or Polling Agent alleges that a person applying for Ballot Papers 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. It should be remembered that the law on this point was formulated many decades ago at a time when it was normal for a Police officer to be on duty at every Polling Place during the whole hours of poll. That is no longer the case and, while you should report instances of possible criminal conduct to the Police, the possibility of assistance arriving in time to arrest the individual is slight. You do not have an independent power of arrest and you should never attempt to physically restrain anyone, irrespective of your suspicions. Polling Clerks cannot request a Police Officer to arrest a would-be voter suspected by an Election or Polling Agent or Candidate of personation. In any case where information is supplied to the Police, statements will be required from polling staff. These should include: The name and address given by the individual and the best physical description that you can manage: The offence of which the person is suspected. (you don t have to use technical terminology e.g. attempting to vote using a false name, attempting to vote twice will do); The name and address of the person who made the complaint, and whether that person is the Presiding Officer, a Polling Clerk, an Election or Polling Agent, a Candidate or a Police Officer The circumstances surrounding the incident what raised your suspicions etc Any other information which you think may be helpful. 24 The Prescribed Questions The Prescribed Questions must be asked and answered unaided of a person purporting to be an elector or proxy if: (a) You suspect that person of personation (b) A Candidate or an Election or Polling Agent requires you to do so on the basis of suspected personation (c) You suspect the person may not be mentally able to understand what they have to do e.g through drink or drugs or the would-be voter is obviously under the age of 16. (d) You suspect that a proxy has applied to vote for more than two electors to whom he/she is not related (even if they hold proxy appointments for such electors) (e) The person is claiming to be an elector whose name is clearly marked on the Register as having voted (f) The person is claiming to be a proxy whose name has already been marked off on the List of Proxies and the elector s name on the Electoral Register has been marked i.e. another person seems to have impersonated the proxy and voted for the elector (g) 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 Electoral Register indicates that the elector has voted in person (the List of Proxies in this case would not be marked) 21

23 The questions for use in each type of circumstance are set out in Appendix 6 to this booklet. You have no discretion to vary the wording and you are not entitled to seek evidence of identity or carry out any type of investigation. You must issue the relevant Ballot Papers to anyone who has answered the questions satisfactorily, even if you suspect that he/she has lied. A person who refuses to answer cannot be issued with a Ballot Paper. If that person returns later, you must again ask the Prescribed Questions. In cases (a),(b),(c) and (d) above, normal Ballot Papers of the appropriate type should be issued, in cases (e),(f) and (g) it can only be a tendered Ballot Paper. 25 Providing Assistance to Voters Your primary function is to make the voting process as easy as possible for voters while ensuring that only those entitled to vote do so. It goes without saying that you should explain the voting process to any voter who asks. There are, however, certain categories of voter who may require particular assistance. These are: Voters with visual disability Voters with some other type of disability, which prevents him/her from reading the Ballot Paper Voters who are unable to read Voters with a visual disability have 3 options open to them: (1) They can record their vote using the Selector device, which is included with your Polling Station equipment. Full instructions are included in the package (2) They can request the Presiding Officer to mark the Ballot Papers according to their instructions. (3) They can vote with the assistance of a companion Where the elector chooses to use the Selector device, you should attach it to the Ballot Paper, making sure that it is precisely aligned, and then read to the voter each candidate s/ party s name and description on the Ballot Paper in the order in which they appear. On the Constituency paper it will be the names and descriptions of candidates; on the Regional paper, it will be the party names and the names of the Independent candidates. Note that numbers are no longer printed against names on the Ballot Paper, so that, in effect, you are telling the voter, that if he/she opens flap 1, he/she will find the space to vote for Joe Bloggs, flap 2 for Wilma Flintstone and so on. The voter then takes the paper to the voting compartment, opens the numbered flap for the Candidate/Party 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. Give the voter each paper separately with the necessary explanation. 22

24 Where the elector chooses to request that the Presiding Officer mark the paper in accordance with his/her instructions, the Polling Station should be cleared of other electors but not Candidates/Election Agents/Polling Agents/Observers, who are entitled to observe that the paper is marked in accordance with the voter s instructions. If the voter is unsure for whom he/she wishes to vote, the Presiding Officer must read out the names of the Candidates/Parties and the descriptions in the order they appear on the Ballot Paper. Once the voter has made a decision the Presiding Officer must put a cross against the chosen Candidate/Party on the Ballot Paper. In some cases such voters will arrive at the Polling Station with a card on which their chosen Candidate is already marked. This may be accepted as indicating a preference for the marking of the Ballot Paper so long as the voter makes it clear that that is how the vote should be marked. If the Presiding Officer has to mark Ballot Papers for a voter, remember to complete you the official form List of Votes Marked by the Presiding Officer. In the very rare circumstance that a person who cannot read the Ballot Paper is a proxy for 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). The Presiding Officer should sign the List of Votes Marked by the Presiding Officer at the close of poll and should also fill out the Statement of the Number of Votes Marked by the Presiding Officer. Where the elector wishes to vote with the assistance of a companion, the companion must be either a close relative (father, mother, brother, sister, husband, wife, son or daughter) and must be over 16 years of age) or a qualified voter. The voter must ask the permission of the Presiding Officer to be assisted by their companion. This should not normally be refused. The companion must fill out a simple declaration Declaration to be Made by the Companion of a Voter with Disabilities. Usually the Presiding Officer or a Polling Clerk will fill out the declaration and ask the companion to check the information and to sign the document. The details of the voter and companion must be added to the List of Voters Assisted by a Companion. This can either be done at the time, if convenient, or at the close of poll (the details are on the Declaration.) 26 Assistance to voters unable to gain access to the Polling Place All Polling Places have some sort of access for disabled voters, although it may not be the main entrance. If a person is making a genuine attempt to enter a 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 voter. After completion of the Ballot Papers by the voter the Presiding Officer must place them immediately in the appropriate Ballot Boxes. 23

25 It should be stressed and ensured that the secrecy of the vote is maintained. Remember that the Ballot Boxes should not be left unattended and must not be taken out of the Polling Station. 27 Voters with Hearing Impairment Each Polling Place (as opposed to Polling Station) will have an Induction Loop which will assist hearing aid users who can tune their hearing aid to the T setting. Full instructions are provided with the device. 28 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 Returning Officer (or Depute), as the case may be. A Certificate only applies to Polling Stations within the same constituency, so if you live in the Aberdeen South and North Kincardine constituency and you are working in any Polling Station in that constituency, you can use a Certificate. If, on the other hand, you are working at a station in Aberdeen Donside, you can t use one for the Constituency poll. It is your responsibility to apply for any necessary certificate and you are advised to apply well in advance. Since, however, we may need to move staff to other Polling Stations at short notice, there is no guarantee that you will be able to use a certificate and we would strongly urge all polling staff to apply for postal or proxy votes. Any Certificate of Employment produced by a prospective voter in your Polling Station must be handed to the Presiding Officer who should check that it relates to the appropriate constituency (e.g. an individual registered at an address in Aberdeen Central cannot use a certificate of employment to vote in the Aberdeen Donside Constituency but he/she could legitimately be issued with a Ballot Paper for the North East Region). The certificate must be cancelled by the Presiding Officer and the Elector s number from the Certificate entered in the Corresponding Numbers List as if it were the Elector s number from the Register. Thereafter the appropriate Ballot Papers are issued and the voter votes in the normal way. As indicated above, to ensure that all Polling Staff are able to use all the votes to which they are entitled, we strongly advise that an application be made for a postal or proxy vote rather than for a Certificate of Employment. Used Certificates should be packed with the CNL at close of Poll. 24

26 29 Possible Registration Issues Anyone who is not listed on the Register of Electors must not be allowed to vote. Check that the address is one allocated to your Polling Station. If not, redirect the voter to the appropriate station. This will be indicated on the voter s Poll Card. It may be within the same Polling Place but, if in doubt contact the Election Unit. Remember to check the other electors at the end of the Register before saying definitely that a person is not registered. Where a would-be elector is adamant that he/she has applied to be registered at a particular address which falls within your polling district, but he/she does not appear on the Register you should direct the elector to the Electoral Registration Officer. If the name was omitted from the Register as a result of an error on the part of the ERO, it is possible for the ERO to issue a certificate to that effect which will be delivered to you (or communicated via the tablet computer) to allow the elector to vote. Such certificates should be packed up with the Register (yellow) at close of poll. ONLY the Electoral Registration Officer can deal with questions about whether a person should be on the Register. Telephone NOT the Election Unit. 30 Anonymous Registration There is one very slight exception to the basic rule that every elector must be listed by name and address in the Register. This is in relation to electors who have been granted Anonymous Registration. There are very few of these less than a thousand in the whole of the UK so it is highly unlikely that you will encounter one. In cases of anonymous registration there will be an elector s number with no name but only the letter N. Such voters will appear at the end of the Register among other voters. The voting procedure for anonymous electors is broadly the same as that for any other electors EXCEPT that: (a) they must produce a poll card relating to your Polling Station; (b) they must not be asked to state name and address; and (c) the provisions about prescribed questions are very difficult to apply. In the very unlikely event that you feel impelled to ask the prescribed questions of an anonymous voter, seek guidance from the Election Unit. 31 Under Age but Registered Elector Occasionally a person who is under 16 may have been registered by mistake or fraud.. This person should be issued with a Ballot Paper because the Register is conclusive but the applicant and/or accompanying adult should be warned that the voter will be guilty of an offence if he/she votes. Furthermore, before being issued with Ballot Papers the under-age voter must be asked the prescribed questions by the Presiding Officer and the voter must 25

27 answer them unaided. If the voter does not answer the questions satisfactorily you must not issue a Ballot Paper. The Election Unit should be informed immediately. The same reasoning applies where someone has thought it amusing to register a dog or cat (it has happened!). In such cases a prosecution for a false declaration by the person completing the registration form is likely to follow since, unlike a child, there is no scope for innocent mistake. Note that where the individual is on the Register without any mark indicating that a Ballot Paper (or postal vote has already been issued) you should issue a normal (not tendered) Ballot Paper. 32 Spelling Mistakes and Electors Who Have Changed Their Name Sometimes you may find that a voter s name has been mis-spelt or that he/she has legally changed his/her name since last completing the Electoral Registration Form, for example when someone marries and takes the name of the spouse or conversely has divorced or the spouse has died resulting in a reversion to a pre-marital name. Similar questions may arise from the use of diminutives. It is fairly clear that someone calling herself Liz or Betty or Libby is likely to be the Elizabeth on the Register where there is only one person of that name but diminutives may also be used to differentiate between individuals with the same name at the same address. If you are confronted by this problem you should ask the Prescribed Questions If the required answers are received, the elector should be allowed to vote (assuming that there is no other reason for refusing a vote e.g. an A against the name). Again, normal Ballot Papers should be issued in this case. Trifling errors in the Register (e.g. spelling) do not affect the right to vote but pay particular attention to middle initials before accepting that someone saying that he is John Smith is the John A Smith on the register if there is also a John Smith. 33 Who is Eligible to Vote? Most electors have just their name, electoral number and address shown in the Register. These electors are eligible to vote in any election. A small number, however, have an identifying letter which indicates that they are only eligible to vote in certain types of election. Fortunately, for the Scottish Parliament elections, the number of individuals on the Register who are not entitled to vote is very small. The franchise for Scottish Parliament is wide and, in addition to UK and Commonwealth citizens, includes citizens of EU countries BUT requires local residence, thereby disqualifying overseas electors. The letter F indicates an overseas elector who is NOT eligible to vote. 26

28 The letter K signifies European Union citizens (other than UK, Republic of Ireland, Cyprus and Malta who are included in the normal franchise) who are eligible to vote in the Scottish Parliament Election. The letter L signifies a peer who is eligible to vote in the House of Lords. Such individuals can vote in this election. The letter G signifies a European Union citizen who has chosen to retain the right to vote at European Parliamentary Elections in the state of his/her citizenship. This does not affect voting in other types of election and such an individual can vote in the Scottish Parliament Election. There are two other letters which very rarely appear against elector s names and you are unlikely to encounter either of them. These are E and U. E indicates an overseas elector who is also a peer who CANNOT vote in this election and U, an EU citizen who has chosen to register to vote in Scotland at European elections only. Obviously, such an individual cannot vote in this election. As mentioned above, in very, very rare cases, the letter N will appear against an elector s number without any name in the Other Electors section at the end of the Register. This signifies an elector who for security reasons has been granted anonymous registration and to whom special arrangements apply. The N is simply in place of the individual s name. Any other letter beside the entry applies in the same way as it would to any other elector. Note that, as a result of the lowering of voting age to 16, the date on which an individual will attain that age is no longer published in the Register. Anyone whose name appears in the Register is deemed to be of voting age. It is possible to get a combination of A and one of the other letters, but, in these circumstances, it is the A which is relevant for your purposes the individual cannot vote at a polling station. 34 Absent Voters Postal Voters An A against a voter s name on the Register of Electors and an entry in the Absent Voters List means that a postal vote has been issued and the voter cannot be issued with normal Ballot Papers at the Polling Station. The entry in the Register will have been scored through. It is acceptable for an absent voter to return a postal vote to a Polling Station. You should accept such votes provided that: (a) It relates to the Aberdeen Donside, Aberdeen Central, or Aberdeen South & North Kincardine Constituency. We have no mechanism to convey postal votes for any other constituency to the appropriate count centre in time for them to be counted. This applies even to the Regional papers since they must be counted at the appropriate Constituency count centre. 27

29 (b) It is contained in an envelope identifying it as a postal vote for one of the Aberdeen constituencies. Under no circumstances can you accept a loose Ballot Paper. What is actually in the envelope, does not concern you. Postal votes received in this way should simply be placed unopened in the wallet provided for that purpose. They should not be put in a Ballot Box but you should, however, complete the form logging the number of postal votes returned (green). Note that the same rule applies to any part of a postal vote. Technically in returning a postal vote, the elector should put the completed Ballot Paper in envelope A, seal it, complete the Postal Vote Statement and put it, together with envelope A, in envelope B which is the return envelope for posting or handing in to a Polling Station. Some voters, however, through absent mindedness or because they think it is more secure, return the A envelope in the B envelope and the postal vote statement separately. You need not enquire what is in any envelope which is handed to you as a postal vote. Note that the elector does not require personally to deliver the envelope. Possible Issues with Postal Votes The simplest case is where the voter says he/she received a postal vote but has changed his/her mind and wants to vote in person at the Polling Station. In these circumstances the voter must be advised that, since no one can vote twice in the same election, you cannot issue Ballot Papers. There is, however, no problem in the voter using the postal Ballot Papers and completing the Postal Vote Statement, putting them in the relevant envelopes and handing them to you for transmission to the count. NB the whole postal vote paperwork must be completed; the voter cannot simply put the Ballot Paper in the Ballot Box. If the voter says that he/she has received a postal Ballot Paper but has spoiled it and wants a replacement, direct him/her to the Election Unit. You cannot, under any circumstances, issue a replacement paper (normal or tendered) but a replacement for a spoiled paper can legally be issued by the Election Unit even on polling day. More difficult is the case where the voter insists that he/she has received a postal vote for which he/she did not apply. The probability in this case is that the voter has ticked the wrong box on the form sent out by the Electoral Registration Officer (ERO) since there are options to apply for a postal vote either for a particular Election or for all future Elections until further notice. The voter should be referred to the ERO to ensure that the matter is clarified for the future. In the meantime, however, the only way in which the voter can cast a vote which will be counted is to use the postal vote which has been issued. As above it is perfectly possible for the voter to hand in that vote at your (or any other) Polling Station. Note that the Postal Vote Statement which must accompany a returned postal vote no longer requires to be witnessed thereby removing the difficulty which postal voters wishing to use a postal vote at a Polling Station previously faced. Where a voter in the Polling Station says that he/she applied for a postal vote but has not received it he/she should be directed to the Election Unit. It may be that the postal 28

30 pack has been returned by the Post Office as undeliverable and, in any event, there is a procedure for the issue of a replacement of a postal pack on polling day. In the circumstances mentioned in the previous paragraph, the law now permits the issue of a tendered ballot paper at any time if the voter is unable/unwilling to go to the Election Unit to collect a replacement paper. Note, however, that like any other tendered Ballot Paper it must not be placed in the Ballot Box, but in the envelope provided for that purpose and recorded on the Tendered Votes List. A tendered Ballot Paper will not be counted and will only be looked at in the event that the election is challenged in court. In any case where a voter complains of receiving a postal vote which he/she did not apply for or not receiving a postal vote which he/she did apply for, record the details on the log sheets provided for this purpose. Most difficult of all is the case where there is an A on the Register but the voter is adamant that (a) he/she did not apply for a postal vote and (b) has not received a postal vote. Here an offence may have been committed by someone. You can issue a tendered Ballot Paper in these circumstances at any time of the day (after getting satisfactory answers to the prescribed questions) but you must carefully log the details. Proxy Voters P against the electors name indicates that a proxy has been appointed (see Appendix 3). In this case it is any letter other than P which determines eligibility. You should ask for the proxy s name and address and check whether he/she is included on the List of Proxies. If so, you should score through the Proxy s name in the List of Proxies with a straight line to indicate that the Proxy has exercised the elector s vote. The Polling Clerk should then ask for the name and address of the person for whom he/she is voting and then find the elector on the Register of Electors and read out his/her electoral registration number. The elector s name and number should then be marked in the usual manner. Note that a proxy will also have an official poll card on behalf of the elector identifying him/her as the proxy. You should write the elector s electoral registration number (including the polling district letter(s)/number(s)) on the Corresponding Numbers List in the usual manner. A person can act as a proxy at an Election for no more than two electors of whom he/she is not an immediate family member. Where a person who has been appointed to act as a proxy to vote for more than one elector applies to exercise the electors vote/s, the proxy should only be given one Ballot Paper at a time. Please remember that you may only issue Ballot Papers for electors who are eligible to vote in this election check designating letters on the Register. It is the elector s qualification as included on the register that matters, not the proxy s, although the proxy must also be a registered elector. Proxies can be challenged in the same way as an ordinary voter if they are suspected of Personation. If this happens you should ask the relevant Prescribed Questions. 29

31 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. What if the Elector Turns Up to Vote Instead on the Proxy? Sometimes a voter who has appointed a proxy turns up to vote in person. If this happens you must allow the elector to vote in person, provided the proxy has not already voted for him/her. The List of Proxies must not be marked if this happens, but the elector s entry on the Register of Electors must be. If the proxy then turns up later he/she must not be allowed to vote on behalf of the elector. Emergency proxies. There is now a provision which allows a voter who would normally vote in person at a Polling Station, but who is, after the normal time limit for appointing a proxy, prevented by medical or business reasons from going to the Polling Station, to appoint a proxy on an emergency basis. Like all proxies, the application must be made through the Electoral Registration Officer and a named individual appointed to act as proxy. By definition these people will not appear on the List of Proxies. Where the application has been granted in advance of Polling Day, we will endeavour to include a copy of the details in the paperwork supplied to your Station. On Polling Day, it will be communicated to the PO1 using the tablet computer. The procedure for an emergency proxy is identical to that for any other proxy, except that you do not mark the List of Proxies. Instead you put up any paperwork you have received with the marked Register or, if details are sent electronically, you enter them on the yellow form provided and seal it up with the marked Register. 35 The Close of Poll The poll must close at 10pm: Make sure you close the doors to the Polling Station at 10pm. The Polling Place should be cleared of everyone except Candidates; Election and Polling Agents; Returning Officer s staff, Police Officers on duty and Observers. The outside door should be closed at exactly 2200 hours. If there is a queue at 2200, those who joined the queue before 2200 should be taken into the polling place before the doors are closed and are entitled to vote in the usual way. After the last voter has cast his/her vote, the PO must seal the slot in the Ballot Box (using a plastic seal) and any Candidate, Polling Agent or Election Agent present may affix his/her seal to it. Polling Clerk should take down all signs. The Election Unit will arrange for the Polling Station to be dismantled. Do not enter into discussions with representatives of the owner 30

32 of the premises as to when this might be details will have been provided to them in a letter from the Election Unit. If in the late evening is appears that you may have a queue of voters at 2200 hours contact the Election Unit urgently for assistance. 31

33 36 The Paperwork The Presiding Officer must account for all Ballot Papers received, issued and unused. The paperwork is an essential aspect of the Presiding Officer s statutory duties and failure to complete it properly can lead to prosecution. The purpose of the paperwork is to ensure the integrity of the Election and to provide an audit trail proving how many Ballot Papers were issued and that they were only issued to voters who were entitled to them. The Ballot Paper Account is compared with the number of Ballot Papers found in the Ballot Box when it is opened at the count in the presence of Candidates and Agents, and against the un-issued Ballot Papers returned from your Polling Station. Any discrepancy between the number of papers issued stated on the Ballot Paper Account and the number of papers found in the box calls for an explanation since it may suggest that someone has improperly added papers to, or removed papers from, the box. It is quite possible that you will not have needed to use some of the official forms during the day, nor cancel any spoilt Ballot Papers. It is probable, and profoundly to be hoped, that you will not have required to issue any tendered Ballot Papers. Nevertheless, all forms must be completed, even if it means entering a nil return where necessary. Use only the colour coded forms provided specifically for your station. Do not leave any form, or section of a form, blank Do not forget to fill forms in with nil returns if you have not needed them during the day Do not forget to sign each of the forms where required. Official Forms to be completed by the Presiding Officer: 2 Ballot Paper Accounts (BPA) (Blue) Note that a separate BPA must be completed for each type of Ballot Paper. While both BPAs are blue, make sure that you fill in the correct one for each type of Ballot Paper. Remember that the numbers of each type of paper issued may be different! Both go in the same envelope. Declaration by Companions of Voters with Disabilities (White) List of Assisted Voters with Disabilities (White) List of Votes Marked by Presiding Officer (White) Statement of the Number of Votes Marked by the Presiding Officer (White) Tendered Votes Lists (White) (2 forms, one for each type of Ballot Paper) Polling Station Log (Green) Details of Emergency proxies (yellow) You may have duplicates of some of the forms but only one of each need be completed. The following is a list of official packets/envelopes and their contents: The Ballot Paper Accounts and the relevant envelope. (Blue) Unused and Spoilt Ballot Papers (both ordinary and tendered) a small plastic sack. Note that it is particularly important to ensure that unused Ballot Papers are sealed up in this sack. Loose Ballot Papers are a risk to the integrity of the election. We have to be able to count the unused papers and reconcile them with the BPA. Corresponding Numbers List (CNL)(lilac) 32

34 The Marked Copy of the Register of Electors and List of Proxies, details of Emergency Proxies and Absent Voters List (Yellow). 2 Issued Tendered Ballot Papers envelopes one for each type of paper. The envelope for: The List of Tendered Votes, Statement of the Number of Voters whose votes were marked by the Presiding Officer, List of Voters Assisted by Companions and Declarations made by Companions of Voter with Disabilities. Wallet for postal votes Two of these will be provided and two will be collected by RO staff during the day. The final one must be handed separately to the RO s representative collecting the materials for the count at close of poll. List of returned postal votes (Green). Envelope with Polling Station Log (Green). If any Certificates of Employment have been issued for your station, they are packed with the CNL. The Ballot Paper Accounts are the most important of all paperwork and should be filled in first. Note that many of the details on the BPA are pre-printed. All you need to do is fill in the number of Ballot Papers issued and do the arithmetic. ALL paperwork EXCEPT THE BALLOT PAPER ACCOUNTS, THE WALLET FOR POSTAL VOTE PACKS (USUALLY BLACK BUT SOME RED) AND TABLET COMPUTER should go in the clear sack. The Ballot Paper Account envelope and other items should be handed separately to the member of the RO s staff collecting the Ballot Boxes at close of poll. 37 The Ballot Paper Accounts Proper completion of the Ballot Paper Accounts relies on accurate counting of the number of Ballot Papers issued. This is why it is so important to issue Ballot Papers commencing with the lowest serial number rather than randomly during the day. Otherwise you will have great difficulty in filling out the Ballot Paper Accounts Complete the Ballot Paper Accounts carefully. Note that much of the basic information is pre-printed on each BPA. The number of each Ballot Paper is printed on the reverse of the paper. You must complete a separate Ballot Paper Account for each type of Ballot Paper. Remember to account for tendered Ballot Papers on the same account form. An example of a completed Ballot Paper Account is reproduced on the next page. 38 Forms Generally Ballot Paper Account Example While accuracy is paramount in the paperwork and you should take time to make sure you get it right, you must be sufficiently confident of what you are doing to complete the paperwork fairly quickly after the close of poll If you take too long you will delay the collection of boxes from other Polling Stations and the work at the count. If you have a major problem the bus will not wait and you should contact the Election Unit to make special arrangements for the collection of your box. 33

35 Ballot Paper Account Scottish Parliament Constituency Aberdeen Donside Constituency Thursday 5 th May 2011 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 A B C D E F Ordinary Ballot Papers Total received by Presiding Officer (Numbered from 20,501 to 21,000) Serial number on the back of the next Ballot Paper to be issued Serial number of the first Ballot Paper issued on the corresponding number list Total Ballot Papers issued (B C) How many spoilt Ballot Papers did you issue replacements for? Total Ballot Papers issued and not spoilt (D E) G Total unused Ballot Papers (A D) Part 2 Tendered Ballot Papers (Pink) Total received by Presiding Officer (Numbered from 1 to 100) Total tendered Ballot Papers issued 1 Total spoilt tendered Ballot Papers 0 Total unused tendered Ballot Papers

36 39 Transporting the Materials to the Count Shortly after the close of poll a bus will call to collect the Ballot Boxes and stationery and take it to the count centre at RGU Sport at Garthdee. You do not have to travel to the count centre to check your boxes in. There will be a member of the Returning Officer s staff on the bus to receive the boxes and associated paperwork. While these members of staff will be able to answer any questions you may have, it is your personal responsibility to complete the paperwork accurately and seal it up in the manner prescribed by law. If you do not complete the paperwork in the prescribed manner your boxes will not be accepted and you will be required to make your own arrangements to deliver them to the Count and to explain why you failed to comply with the statutory requirements. Experience has shown that errors by Presiding Officers in completing the paperwork have a major impact on the timing and accuracy of the count. Efforts have been made to simplify the task for this election so that virtually everything which you need to return goes in the plastic sack. There will be a label on the sack indicating what it should contain and you are required to initial the label against each item as you put it in. You will also have a coloured sheet indicating what goes where. We have also colour coded the items which may have to be located quickly at the count and the relevant envelopes for them. These are; Ballot Paper Accounts A single light blue envelope to take both Accounts Marked Register and documents related to the Register Yellow Corresponding Numbers Lists Lilac Polling Station Log Green All the other (white) forms (which are likely to be nil returns) go into brown envelopes which are clearly marked with their contents. The unused Ballot Papers go in the smaller plastic sack. Note that all envelopes must be sealed and signed. You should not return the contents of the stationery sundries pack or the Selector devices. The final black wallet for returned postal votes should be handed separately to the RO s representative.

37 40 Difficult Situations The Police will be informed of the location of Polling Stations by the Returning Officer. 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. If there is disorder at the Polling Station during the day, contact the Election Unit and inform them of the situation. If necessary, call the Police to deal with the problem (101 or, in an emergency, 999) 41 Serious Disorder In the event of serious disturbance bomb scares or riot etc the Police may ask the Presiding Officer to vacate the premises. If you have been asked by Police to leave the building then you must do so and you should contact the Election Unit as soon as possible. If possible try to operate the Polling Station from a safe place in the neighbourhood the back of a car etc. In the most extreme case the Returning Officer might permit the Presiding Officer to adjourn the poll until the next 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. 42 Emergencies You should never put the voters or other persons in the Polling Station at risk but, if it is clear that there is no immediate risk, gather up all 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 voters away. If you are unable to return to the original premises take instructions from the Election Unit. Regardless of any interruption in polling you must still close the Polling Station at 10pm. 43 Incapacitated Persons You do not have the right to refuse a Ballot Paper to a person who appears to be unable mentally to understand what he/she has to do through drink, drugs or other incapacity if he/she is registered and eligible to vote. If, however, you or a Polling Agent suspect that the person is incapacitated through drink or drugs, you should ask him/her the Prescribed Questions (see section on Prescribed Questions above). If he/she fails to 36

38 answer them as required, you should refuse a Ballot Paper. The person may return, and a Ballot Paper may be issued if he/she answers the Prescribed Questions satisfactorily. 44 Tellers Political Parties usually ask their members and supporters to act as Polling Station Tellers. Telling is a vital part of a Political Party s efforts to identify likely supporters who have not voted so that they can urge them to vote before the close of poll. Remember that no-one can legally use information gained inside a polling station for this purpose, so parties have an interest in trying to obtain it outside. Most Tellers are volunteers and generally behave well but some can become over-zealous and questions and disputes can arise. Tellers have no legal status and are not allowed to enter the Polling Station except to record their own votes or to vote as proxy for an elector. In strict law, they should not be any closer to the Polling Station than the public road where they are governed by general (as opposed to electoral) law but local practice is to allow them to congregate at the door of the Polling Place. In general, Tellers, should not: Be allowed in or near the Polling Station. They must not be able to hear what is going on in the Polling Station Obstruct voters access to the Polling Station Canvass, or urge voters to vote for a specific Candidate or party. Ask voters for their registration number or address on their way in that may be asked on the way out the voter has no obligation to answer Ask how the voter has voted If asked, the voter has no obligation to answer Ask voters to re-enter the Polling Station to request their poll card. While voters are entitled to take their poll card away with them, if they don t you should destroy it Be aggressive Park cars emblazoned with the name of their Candidate or Political Party within the grounds of the Polling Place. Distribute any Political Party materials or propaganda 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 or harass voters entering the Polling Stations.. Contravention of any of the above, or any objection by any Candidate/Agent or voter 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. 37

39 In most cases the boundaries of the Place will be clear a school and its playground, a community centre and its car-park etc. Normally there will be a boundary wall or fence. Where the boundary is not clear, it is for the Presiding Officer to use reasonable common sense in defining a boundary. This definition is not open to negotiation or dispute on Polling Day and the Police have advised that they will, if called upon, enforce the boundary set by the Presiding Officer. 45 The Media and Exit Polls The media have no special rights to enter a Polling Station except as voters. They must not be allowed to film or interview voters in the Polling Station. In particular Candidates who may be registered voters at your Polling Station are not permitted to stage a media event when they are voting and no-one may take photographs (even selfies) in the Polling Station 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 voters 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 before allowing access. Exit polls and prognostications as to the likely result have become a feature of the political environment. 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 for these elections. Customarily, and as a matter of courtesy, the pollsters contact the Returning Officer before polling day. It is hoped that the Election Unit will be able to forewarn you if one of the polling companies intends to conduct an exit poll outside your Polling Station. The basic point to remember ids that pollsters have no rights and must not interfere with the conduct of the poll nor harass voters. Broadly, treat pollsters as Tellers. 38

40 Appendix 1 Sample Ballot Paper Account BALLOT PAPER ACCOUNT SCOTTISH PARLIAMENT ELECTIONS ABERDEEN DONSIDECONSTITUENCY THURSDAY 5 TH MAY 2016 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 A B C D E F Ordinary ballot papers Total received by Presiding Officer (Numbered from 20,501 to 21,000) Serial number on the back of the next ballot paper to be issued Serial number of the first ballot paper issued on the corresponding number list Total ballot papers issued (B C) How many spoilt ballot papers did you issue replacements for? Total ballot papers issued and not spoilt (D E) G Total unused ballot papers (A D) Part 2 Tendered ballot papers (Pink) Total received by Presiding Officer (Numbered from 1 to 100) 2 0 Total tendered ballot papers issued 1 Total spoilt tendered ballot papers 0 Total unused tendered ballot papers 1 9 Part 3 Ballot Box Seals Numbers Date. Signature of Presiding Officer.. 39

41 Appendix 2 - Contact Details ELECTION OFFICE Name Post Office Number Mobile Number David Gow Depute Returning Officer Crawford Langley Steven Dongworth Depute Returning Officer Depute Returning Officer Electoral Registration Office (For Polling Staff only to call to confirm emergency proxies ) Police, if required 101 (Non-Emergency) In an emergency call

42 Appendix 3 Scottish Parliament Regional Voting System Under AMS, regional members are elected using a party list system. Each Constituency Returning Officer notifies the Regional Returning Officer of the number of votes cast for each registered political party and individual candidate in the regional contest, as well as details of the number of constituency seats gained by each registered political party. The Regional Returning Officer then totals the constituency results for each registered political party and individual candidate in the regional ballot, and records the total the number of constituency seats won in the region by each registered party. The number of votes cast in the regional ballot for each registered party or individual candidate is divided by the number of constituency seats gained, plus one. This allows parties or individual candidates that have not won any constituencies or who have not stood in a constituency contest to be included in the rest of the calculation. After that calculation is done, the party with the highest resulting figure gains the first regional seat. To allocate the second to seventh additional seats the calculation is redone, but each time any additional seats gained are added into the calculation. By the end of the calculation, the seats won by each party or individual candidate should reflect the voting preferences of the electorate in a more representative manner. This method of calculation is known as the modified d Hondt system. An example of how this works is shown in Table 1. The seats each political party is entitled to are filled by the candidates in the order in which their names appear on a list of up to 12 names prepared by that political party. The names of the candidates who are on each list can be found on posters in the Polling Station. Table 1: The modified d Hondt system Party 1 Party 2 Party 3 Party 4 Regional votes 61,974 63,362 61,189 37,206 Constituency seats st win: Party 4 3 = 20,658 5 = 12,672 2 = 30,595 1 = 37,206 2 nd win: Party 3 20,658 12,672 30,595 2 = 18,603 3 rd win: Party 1 20,658 12,672 3 = 20,396 18,603 4 th win: Party 3 4 = 15,494 12,672 20,396 18,603 5 th win: Party 4 15,494 12,672 4 = 15,297 18,603 6 th win: Party 1 15,494 12,672 15,297 3 = 12,402 7 th win: Party 3 5 = 12,395 12,672 15,297 12,402 Additional seats Total seats in region

43 Appendix 4 Procedure for postal and proxy voters Postal Voters Some electors will have applied to vote by post at the election. Electors who have chosen to vote by post will have the letter A against their names in the register of electors to be used at the Polling Station to show that they are postal voters. The names and the addresses where the postal Ballot Papers have been sent will be shown on the list of postal voters. Such electors are not allowed to vote in person at the Polling Station, even if they state that they have not received their postal Ballot Paper. Completed postal votes may be handed in by the voter or someone on his/her behalf, at any Polling Station within the Aberdeen constituencies. The postal vote must be in a sealed envelope and must be placed by the Presiding Officer, unopened, in the wallet(s) provided. The wallet(s) must be kept secure at all times. Several wallets may be provided. They will be picked up by the polling station inspector and the last one returned with other documents at close of poll. Postal votes must not be placed in the Ballot Box. What happens if someone is listed as a postal voter (or postal proxy voter) but claims not to have applied for a postal vote? There are occasions when an elector or an appointed proxy asks for a Ballot Paper only to find that they are marked on the register of electors as being a postal voter. The Presiding Officer should check the entry on the register of electors to confirm that the voter is marked as a postal voter. The Presiding Officer should explain the circumstances to the voter and if the elector insists that he/she has not applied for a postal vote then the following procedures should be followed. If the voter is in possession of the postal vote, he/she should be advised to use this in the normal manner, remembering that completed postal Ballot Papers can be handed in at the Polling Station. Electors marked as having been issued with a postal vote cannot under any circumstances be given an ordinary Ballot Paper in the Polling Station. However, an elector or proxy who claims never to have applied for or received a postal vote but is listed as a postal voter, is entitled to receive a tendered Ballot Paper at the Polling Station at any time. Alternatively, up until 5pm on polling day, such voters may be issued with a replacement postal ballot pack by the Election Unit. 42

44 The Presiding Officer should refer the elector to the Election Unit for advice on this procedure. If it is before 5pm but the elector cannot or does not want to make arrangements for a replacement postal ballot pack to be issued, the Presiding Officer should issue a tendered Ballot Paper instead. After 5pm, the elector cannot be issued with a replacement ballot pack, so the Presiding Officer can only issue a tendered Ballot Paper. Before issuing a tendered Ballot Paper, the Presiding Officer must ask the prescribed questions (see Appendix 2). If the elector answers the prescribed questions satisfactorily, the Presiding Officer must issue a tendered Ballot Paper the elector must not be given an ordinary Ballot Paper. What happens if an elector (or postal proxy) has not received, has lost or spoilt their postal Ballot Paper? Replacements for spoilt postal votes can be made up until 5pm. Replacements for lost postal votes can be made up until 10pm. Please advise the elector to contact the Election Office on If the elector does not want to seek a replacement, follow the tendered procedure. Tendered Ballot Papers must not be placed in the Ballot Box. Proxy voters Some electors will have appointed a proxy to vote on their behalf. Even so, electors may vote in person provided that they do so before the proxy and that the proxy has not applied to vote by post. Check the register of electors to see if the elector has already voted before commencing with the following procedure. Any elector who has applied to vote by proxy will have a letter P against their name on the register of electors. If the proxy is also voting him/herself he/she should do so before voting as a proxy. Firstly, ask for the elector s name and address and see if he/she is included on the list of proxies. Ask for the proxy s name and address and draw a line on the list of proxies to indicate that the proxy has voted. The elector s entry in the register must then be marked in the usual manner and the elector s name and number read aloud. The Presiding Officer or Poll Clerk responsible for issuing Ballot Papers must write the elector s elector number (not the proxy s) on the corresponding number list beside the appropriate Ballot Paper number to record that the Ballot Paper has been issued. Remember that a Ballot Paper may only be issued to electors who are eligible to vote in the election. If the elector s entry in the register of electors is prefixed with a letter that 43

45 does not entitle him/her to vote at a UK Parliamentary General Election, the proxy is unable to cast a vote on his/her behalf. 44

46 Appendix 5 Secrecy Requirements The Scottish Parliament (Elections etc.) Order 2015 PART 2 Requirement of secrecy 31. (1) The following persons attending at a polling station, namely (a) a CRO, RRO or a member of staff of a CRO or RRO; (b) a presiding officer or clerk; (c) a candidate (including a candidate on a party s regional list); (d) a nominating officer of a registered party which has submitted a regional list; (e) an election agent; (f) a polling agent; (g) a person attending by virtue of sections 6A to 6D of the 2000 Political Parties Act(a) (representatives of the Electoral Commission and accredited observers), 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 the information described in paragraph (2). (2) The information referred to in paragraph (1) is any information as to (a) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station; (b) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or (c) the official mark being used in accordance with rule 30 of the Scottish Parliamentary Election Rules ( the official mark ). (3) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not (a) ascertain or attempt to ascertain at the counting of the votes the unique identifying number on the back of any ballot paper; (b) communicate any information obtained at the counting of the votes as to the candidate for whom or, as the case may be, registered party for which, any vote is given on any particular ballot paper. (4) No person shall (a) interfere with or attempt to interfere with a voter when the voter is recording the voter s vote; (b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted; (c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom or the registered party for which a voter in that station is about to vote or has voted, or as to the unique identifying number on the back of a ballot paper given to a voter at that station; or (d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person the name of the candidate for whom or the registered party for which the voter has or has not voted. 45

47 (5) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of 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; (b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the unique identifying number on the back of any ballot paper sent to any person; (c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the unique identifying number on the back of any ballot paper; or (d) attempt to ascertain at the proceedings in connection with the receipt of ballot papers the name of the candidate for whom or the registered party for which, any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings. (a) Sections 6A to 6D were inserted by the 2006 Act, section 29. (6) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate for whom or, as the case may be, the registered party for which, that voter intends to vote or has voted, or as to the unique identifying number on the back of a ballot paper given for the use of that voter. (7) No person may publish before the close of the poll (a) any statement relating to the way in which voters have voted in the poll where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or (b) any forecast or estimate as to the result of the election which is (or might reasonably be taken to be) based on information so given. (8) If a person acts in contravention of this article that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale or to imprisonment for a term not exceeding six months. (9) In this article (a) a voter with disabilities is a voter who has made a declaration under rule 48 of the Scottish Parliamentary Election Rules that the voter is so incapacitated by blindness or other disability or by inability to read, as to be unable to vote without assistance; (b) publish means make available to the public at large (or any section of the public), in whatever form and by whatever means; and (c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate, candidates, registered party or parties at the election are concerned. 46

48 Appendix 6 The prescribed questions The prescribed questions are your only means of clarifying the identity of a would-be elector. You do not have any right to ask for production of any identity document e.g. passport. While you are entitled to put the questions to any elector, you should normally limit this to the cases where you are required by law to ask them. These are as follows: An elector (who has not appointed a proxy) applies for a Ballot Paper but the register of electors shows that he/she has already voted. In this circumstance, even if the questions are answered satisfactorily, the elector is only entitled to a tendered Ballot Paper. A proxy voter s entry on the list of proxies has already been marked and the entry of the elector on the register of electors has also been marked. Upon satisfactorily answering the questions, the elector or proxy is only entitled to a tendered Ballot Paper. A proxy voter returns to the Polling Station after their application to cast a vote as a proxy has been rejected because the register of electors indicates that the voter has voted in person (the list of proxies in this case would not be marked), and insists that the elector has not voted. If they answer the questions satisfactorily, he/she is entitled to a tendered Ballot Paper. An elector states that his/her name is not as shown in the register of electors. If, in response to the prescribed questions, the elector can confirm that the register entry refers to him/her, an ordinary Ballot Paper can be issued. This will normally apply in relation to shortened names e.g. someone saying her name is Billie while the name on the Register is Wilhelmina, or where the first name is the same but the surname has changed through marriage or divorce. While if you get satisfactorily answers to the questions, you cannot refuse a Ballot Paper, you should be wary where the name is very different or the would-be voter is male and the name on the Register appears to be female or (vice versa) and you should record the circumstances in the Polling Station Log. Polling Station staff suspect an elector or a proxy of personation. If, in response to the prescribed questions, the elector can confirm that the register entry refers to them, an ordinary Ballot Paper can be issued. A candidate or an election or Polling Agent requires the questions to be asked. If the prescribed questions are answered satisfactorily, an ordinary Ballot Paper can be issued. Polling Station staff suspect the person may be incapacitated due to alcohol or drugs or for some other reason. If the prescribed questions are answered satisfactorily, an ordinary Ballot Paper can be issued. The elector is registered as eligible to vote but is clearly under age (or is a dog or cat). If the prescribed questions are answered satisfactorily, unaided an ordinary Ballot Paper can be issued. An elector s (or a proxy s) name appears on the postal voter s list (or postal proxy voters list) but he/she states that he/she did not apply to vote by post. If the elector (or proxy) answers the questions satisfactorily, a tendered Ballot Paper should be issued at any time. 47

49 An elector (or proxy) whose name appears on the postal voters list (or proxy postal voters list), arrives at the Polling Station after 5pm on polling day and claims to have lost, spoilt or not received a postal Ballot Paper. If the questions are answered satisfactorily, the elector (or proxy) will be entitled to a tendered Ballot Paper or if the postal Ballot Paper has been spoilt, a replacement can be issued by the Election Unit before 5pm, or if the postal Ballot Paper has been lost or not received, a replacement can be issued by the Election Unit before 10pm. No inquiry may be made as to the right of any person to vote, other than the statutory questions. The Presiding Officer regardless of any doubt that he/she may have, must issue an ordinary or tendered Ballot Paper, as appropriate, to anyone who has answered the questions correctly. If a person refuses to answer the questions no Ballot Paper of any type can be issued. If that person returns later, then the Presiding Officer must again ask them the prescribed questions. The prescribed questions to be asked of a person applying to vote as an elector Are you the person registered in the register of electors for this election as follows (read out loud the whole entry from the register)? If the answer is no do not issue a Ballot Paper. If the answer is yes, ask: Have you already voted here or elsewhere at this election otherwise than as proxy for some other person? If the answer is 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 then an ordinary or tendered Ballot Paper must be issued as appropriate. The prescribed questions to be asked of a person applying to vote as a proxy (but not on behalf of an elector with an anonymous entry) The prescribed questions for proxies have a different wording: Are you the person whose name appears as (read out 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 (read out the name of the elector on the register of electors)? If the answer is no, do not issue a Ballot Paper. If the answer is yes, ask: Have you already voted here or elsewhere at this election, as proxy on behalf of (read out the name of the elector on the register)? If the answer is yes to this question, a Ballot Paper must not be issued. If the answer is no, an ordinary or tendered Ballot Paper may be issued as appropriate. However, the Presiding Officer may, and if required to do so by any candidate, election agent or polling agent, must put a further question: Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of (read out the name of the elector on the register)? 48

50 If the answer to this question is yes (and the questions above have been answered satisfactorily), an ordinary or tendered Ballot Paper must be issued as appropriate. If, however, the answer is no, ask: Have you already at this election already voted in this constituency on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? If the answer to this question is yes, then do not issue a Ballot Paper. If the answer is no (and the questions above have been answered satisfactorily), then an ordinary or tendered Ballot Paper must be issued as appropriate. The prescribed questions to be asked of a person applying to vote in person when they are shown on the register as a postal voter The prescribed questions for electors shown on the register as postal voters but who claim either to have not applied to vote by post or who present themselves at the Polling Station after 5pm on polling day and claim to have lost or not received their postal Ballot Papers are as follows: Did you apply to vote by post? If the answer is no, a tendered Ballot Paper must be issued. If the answer to this question is yes, ask: Why have you not voted by post? reason and issue a tendered Ballot Paper. If, however, the elector says that they have not voted by post because they have lost or not received (all or any part of) their postal ballot pack, a tendered Ballot Paper can only be issued after 5pm. The prescribed questions to be asked of a person applying to vote as a proxy when they are shown as having been issued with a postal proxy Ballot Paper The prescribed questions for proxies named on the proxy postal voters list but who claim either to have not applied to vote by post or who present themselves at the Polling Station after 5pm on polling day and claim to have lost or not received their postal Ballot Papers are as follows: Did you apply to vote by post as proxy? If the answer is no, a tendered Ballot Paper must be issued. If the answer to this question is yes, ask: Why have you not voted by post as proxy? If the question is answered satisfactorily, the Presiding Officer should record the reason and issue a tendered Ballot Paper. If, however, the elector says that they have not voted by post because they have lost or not received (all or any part of) their postal ballot pack, a tendered Ballot Paper can only be issued after 5pm. If the question is answered satisfactorily, the Presiding Officer should record the 49

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