HC Deb 21 February 1893 vol 9 c43
MR. FREDERICK FRYE (Kensington, N.)

I beg to ask the Solicitor General whether his attention has been directed to the fact that at the last Cirencester election several votes were lost in consequence of the neglect by the presiding officer or his subordinates to place the official mark on some of the Ballot papers; and whether, seeing that there is no penalty for such omission provided in the Statute governing the conduct of elections, the Government propose to take any action in the matter?

THE SOLICITOR GENERAL (Sir J. RIGBY,) Forfar

If a clerk appointed by a Returning Officer took upon himself the duty of delivering the voting papers he would not be a subordinate of the presiding officer, and would not thus be relieved of responsibility. The question is whether, as there is no penalty for an omission to place the official mark on Ballot papers, the Government propose to take any action in the matter? I believe it is accurate to say that there is no penalty, but it has been decided by a Court of Law that an action would be against a presiding officer or his clerk in the event of their not fulfilling the duty, and under the circumstances the Government do not propose to introduce any legislation on the matter.