35 & 36 Vict. c. 33. SECTION. 35 & 36 Vict. c. 33. BALLOT ACT, 1872. 1. Nomination-Withdrawal from candidature 2. Poll-Contents of ballot paper-Return-Casting vote 3. Offences as to nomination papers and ballot papers and boxes 5. Polling districts 6 Use of school-room for poll 7. Conclusiveness of register 8. Powers and duties of returning officer 9. Maintenance of order at polling station. 10. Powers of presiding officer 11. Liability of officers for misconduct 12. No person to be required to disclose vote 13. Effect of non-compliance with rules in Schedule I. 14. Use of municipal ballot boxes, &c. 15. Construction of Act 24. Definition and punishment of personation 25. Striking off vote for corrupt practice 28. Effect of schedules 29. Interpretation clause 31. Act not to apply to Universities. 32. Repeal of enactments in Schedule IV. Schedules. PAGE 431 431 432 433 434 435 435 436 436 437 437 437 437 438 438 438 439 439 440 440 440 440 49, 50. Clerks, &c.-Delegation of duties by presiding officer 447 448 52. Name and address of agent to be made known 448 c. 33. An Act to amend the Law relating to Procedure at Par- 35 & 36 Vict. liamentary and Municipal Elections. [18th July, 1872. "Whereas it is expedient to amend the law relating to procedure at parliamentary and municipal elections": BE IT ENACTED as follows: PART I. PARLIAMENTARY ELECTIONS. Procedure at Elections. Written nomination of candidates by proposer, 1. A candidate for election to serve in Parliament for a county or borough shall be nominated in writing. The writing shall be subscribed by two registered electors of such county or borough as proposer and seconder, and by eight other registered seconder, and electors of the same county or borough as assenting to the eight voters. nomination, and shall be delivered during the time appointed for the election to the returning officer by the candidate himself, or his proposer or seconder. If at the expiration of one hour after the time appointel for One hour for the election no more candidates stand nominated than there are nominating candidates. vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected, and return their names to the Clerk of the Crown in Chancery; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this Act mentioned. A candidate may, during the time appointed for the election, Candidate but not afterwards, withdraw from his candidature by giving a withdrawing. notice to that effect, signed by him, to the returning officer: Provided that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written notice signed by him and delivered to the returning officer, together with a written declaration of such absence of the candidate. If after the adjournment of an election by the returning officer On death of for the purpose of taking a poll one of the candidates nominated candidate shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand countermand notice of the poll, and all the proceedings with reference to the of poll. election shall be commenced afresh in all respects as if the writ had been received by the returning officer on the day on which proof was given to him of such death; provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the counte mand of the poll. As to security, see p. 457; as to double nomination, see Northcote v. Pulsford, L. R. 10 C. P. 476, and p. 441 n., post. 2. In the case of a poll at an election the votes shall be given by ballot. The ballot of each voter shall consist of a paper (in Voting at poll by ballot papers. this Act called a ballot paper) showing the names and descrip- After the close of the poll the ballot boxes shall be sealed up, so as to prevent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents (if any) of the candidates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by counting the votes given to each candidate, and shall forthwith declare to be elected the candidates or candidate to whom the majority of votes have been given, and return their names to the Clerk of the Crown in Chancery. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, subject to reversal on petition questioning the election or return. Where an equality of votes is found to exist between any candidates at an election for a county or borough, and the addition of a vote would entitle any of such candidates to be declared elected, the returning officer, if a registered elector of such county or borough, may give such additional vote, but shall not in any other case be entitled to vote at an election for which he is returning officer. As to the character of the mark to be made by the voter, see Woodward v. Sarsons, L. R. 10 C. P. 733, and p. 452, post. An action lies against the presiding officer for not affixing the official mark by a candidate, who thereby loses the election (Pickering v. James, L. R. 8 C. P. 489; 42 L. J. C. P. 217; 29 L. T. 210; 21 W. R. 786). The return of the names to the Clerk of the Crown received after office hours is legally made next day (Hurdle v. Waring, L. R. 9 C. P. 435; 43 L. J. C. P. 209). A candidate may vote for himself. Offences at Elections. 3. Every person who, (1.) Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper knowing the same to be 35 & 36 Vict. forged; or (2.) Forges or counterfeits or fraudulently defaces or fraudu c. 33. Forging, &c., lently destroys any ballot paper, or the official mark ballot paper. on any ballot paper; or (3.) Without due authority supplies any ballot paper to any Supplying person; or ballot paper. (4.) Fraudulently puts into any ballot box any paper other Putting in than the ballot paper which he is authorized by law to unauthorized put in; or (5.) Fraudulently takes out of the polling station any ballot Abstracting paper; or paper. paper. box. (6.) Without due authority destroys, takes, opens, or other Interfering wise interferes with any ballot box or packet of ballot with ballot papers then in use for the purposes of the election; shall be guilty of a misdemeanor, and be liable, if he is a Punishment. returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. Any attempt to commit any offence specified in this section Attempts. shall be punishable in the manner in which the offence itself is punishable. In any indictment or other prosecution for an offence in Property for relation to the nomination papers, ballot boxes, ballot papers, purposes of and marking instruments at an election, the property in such indictment. papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils. of secrecy by agents, officers, or clerks at poll. 4. Every officer, clerk, and agent in attendance at a polling Infringement station shall maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station. Every At counting. officer, clerk, and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any c. 33. 35 & 36 Vict. information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. Infringement of secrecy. Punishment. Polling districts in boroughs. Copy of order as to polling districts for Home Secretary. Definition of P. 424. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard labour. To give the means of acquiring information has been held not "communicating information" within this section (Stannanaught v. Hazeldine, 4 C. P. D. 191; 48 L. J. M. C. 89; 40 L. T. 589; 27 W. R. 620. Amendment of Law. 5. The local authority (as hereinafter defined) of every borough shall take into consideration the division of such borough into polling districts, and, if they think it desirable, by order, divide such borough into polling districts in such manner as they may think most convenient for taking the votes of the electors at a poll. The local authority of every county and borough shall, on or before the first day of May one thousand eight hundred and seventy-three, send to one of her Majesty's principal Secretaries of State, to be laid by him before both Houses of Parliament, a copy of any order made by such authority in pursuance of this section, and a report, in such form as he may require, stating how far the provisions of this Act with respect to polling districts have been complied with in their county or borough; and if they make any order after the first day of May one thousand eight hundred and seventy-three, with respect to polling districts or polling places in their county or borough, they shall send a copy of such order to the said Secretary of State, to be laid by him before both Houses of Parliament. The local authority of a county or borough in this section local authority. means the authority having power to divide such county or borough into polling districts under section thirty-four of the Representation of the People Act, 1867, and any enactments amending that section; and such authority shall exercise the powers thereby given to them for the purposes of this section; and the provisions of the said section as to the local authority of a borough constituted by the combination of two or more municipal boroughs shall apply to a borough constituted by the combination of a municipal borough and other places, whether municipal boroughs or not; and in the case of a borough of which a town council is not the local authority and which is not wholly situate within one petty sessional division, the justices of the peace for the county in which such borough or the larger part thereof in area is situate, assembled at some court of general or quarter sessions, or at some adjournment |