Government issues draft regulations for postal and proxy voting safeguards

The Government has issued draft regulations intended to introduce “appropriate safeguards to reduce the opportunity for individuals to exploit the absent voting process and steal votes”.

The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 and an accompanying explanatory memorandum can be viewed here.

In a written ministerial statement Baroness Scott of Bybrook, Minister for Faith and Communities, said: “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.”

The draft regulations contain measures limiting the total number of electors for whom a person may act as a proxy to four, of which no more than two can be for ‘domestic’ electors for all constituencies or electoral areas.

Baroness Scott said: “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 three years, replacing the current five-year signature and date of birth refresh. Transitional processes will be in place for electors with existing postal or proxy vote arrangements.”

The minister said the regulations would also support the delivery of a new digital service which will enable electors to apply for a postal or proxy arrangement online.

She said the Government anticipated that an online service would 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, the minister added.

The 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.