Elections Act: postal and proxy voting safeguards
The Representation of The People (Postal And Proxy Voting Etc.) (Amendment) Regulations 2023.
Applies to England and Wales
Documents
Details
The draft statutory instrument “The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023” has been published today (23 May 2023) with an accompanying explanatory memorandum. An impact assessment has been drafted and will be available when a draft of the statutory instrument is laid.
The changes set out in these regulations deliver on our manifesto commitment to protect the integrity of our democracy, as legislated for by Parliament through the Elections Act 2022. It is paramount that we preserve trust in our electoral processes and ensure elections remain secure well into the future. The Elections Act stemmed from recommendations made by (then) Sir Eric Pickles and his review into tackling electoral fraud. Voter identification has already been commenced; these regulations now commence provisions relating to postal and proxy voting.
Under these regulations, we are introducing appropriate safeguards to reduce the opportunity for individuals to exploit the absent voting process and steal votes. The new measures limit the total number of electors for whom a person may act as a proxy to 4, of which no more than 2 can be for ‘domestic’ electors for all constituencies or electoral areas.
To further strengthen the security of the ballot, an identity check will be introduced for all applications for an absent vote. This change will apply to applications made on paper and online and bring the absent vote application process in line with the Individual Electoral Registration ‘Register to Vote’ process. This change accompanies a new requirement to reapply for a postal vote at least every 3 years, replacing the current 5-year signature and date of birth refresh. Transitional processes will be in place for electors with existing postal or proxy vote arrangements.
These regulations will also support the delivery of a new digital service which will enable electors to apply for a postal or proxy arrangement online. The government anticipates that an online service will alleviate some of the pre-existing challenges for electors and electoral administrators, by reducing the need to rely on manual processes. The online service is currently being built and will be tested to ensure it is robust and accessible for electors.
Although this statutory instrument does not directly relate to Brexit, it does make amendments to 2001 regulations which were made in part under the European Communities Act. In that light, the statutory instrument is published in accordance with the procedure required by Schedule 8 to the European Union (Withdrawal) Act 2018 and agreed with Parliament. The statutory instrument is being published in draft at least 28 days before being laid in draft to be considered under the affirmative procedure in Parliament.
These Regulations will apply to UK Parliamentary elections and other reserved elections, referendums and recall petitions. Local elections in Scotland, and local elections in Wales apart from Police and Crime Commissioner elections, are devolved, and thus not in scope of these measures.