§ Lord Roganasked Her Majesty's Government:
What is the statutory basis for the disqualification of a registered voter; what are the criteria for such disqualification; and what procedure of appeal exists against such a decision. [HL2627]
§ The Parliamentary Under-Secretary, Department for Constitutional Affairs (Lord Filkin)Once a person is registered to vote, the electoral registration officer (ERO) may remove the person's name from the electoral register only in certain circumstances, namely, where the person has moved to a new address, or has died, or where it has been established that he or she does not otherwise meet the conditions for registration. There is a right of appeal to the courts from a decision of the ERO on a registration matter. Electoral law differs in Northern Ireland. The Chief Electoral Officer for Northern Ireland will write to the noble Lord in respect of the position there. A copy has been placed in the Library.
§ Lord Roganasked Her Majesty's Government:
What is the procedure for disqualifying registered voters; and how is the process regulated. [HL2628]
49WA
§ Lord FilkinIf the electoral registration officer (ERO) establishes that a person on the electoral register may be wrongly registered, or does not meet the conditions for registration, the ERO may remove the person's name from the register. Except in the case of an elector's death, where the information that could lead to a person's removal from the register emanates not from the elector, but from another source, the ERO, where practicable, is required to write to the elector to check if he or she is eligible to be registered. The process is regulated by provisions in the Representation of the People Act 1983, and the Representation of the People Regulations 2001. Electoral law differs in Northern Ireland. The Chief Electoral Officer for Northern Ireland will write to the noble Lord in respect of the position there. A copy will be placed in the Library.
§ Lord Roganasked Her Majesty's Government:
What criteria are used in determining whether someone with a learning disability is incapable of voting and should therefore be taken off the electoral register. [HL2631]
§ Lord FilkinElectoral legislation for parliamentary, European parliamentary and local elections provides for a presiding officer in charge of a polling station to ask specific prescribed questions of anyone applying for a ballot paper if the presiding officer has any doubt about that person or about their understanding of the process and purpose of casting a vote. If the presiding officer is not satisfied with the answers he receives, a ballot paper cannot be issued to that person. A person with a learning disability who satisfactorily answered these questions would be entitled to receive a ballot paper. It is for an electoral registration officer to determine whether a person's name should be removed from the electoral register. Electoral law in Northern Ireland differs. The Chief Electoral Officer for Northern Ireland will write to the noble Lord in respect of the position there. A copy will be placed in the Library.
§ Lord Roganasked Her Majesty's Government:
Whether disqualified people are subject to any form of testing or qualifying procedure to have their name put back on the electoral register. [HL2632]
§ Lord FilkinApplications for registration are made to individual electoral registration officers (EROs). An ERO may require any person applying to register to give additional information if he or she is in doubt as to whether that person is eligible to be registered. It is an offence under the Representation of the People Act 1983 to fail to comply with a request for information from an ERO, or to provide false or inaccurate information. Electoral law differs in Northern Ireland. The Chief Electoral Officer for Northern Ireland will write to the noble Lord in respect of the position there. A copy will be placed in the Library.