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Elections: Registration

Answer

For the purposes of registering to vote, a "qualifying Commonwealth citizen" is an individual who either does not need leave to enter and remain in the United Kingdom, or who does need such leave and has it (Section 4(1) and (6) of the Representation of the People Act 1983 ("the 1983 Act")). Regulations made under the 1983 Act (the Representation of the People (England and Wales) Regulations 2001), provide that a person’s application for registration must, among other things, state their nationality and include a declaration that the details given in the application are true. The Electoral Registration Officer has the power to require any person to provide information relating to the eligibility of that applicant, namely regarding their age, nationality, residence and whether or not they are disqualified (Regulation 23). Where an Electoral Registration Officer (ERO) has doubts about a person’s nationality or immigration status, the ERO may require the person to provide evidence including a statutory declaration that he or she is a qualifying Commonwealth citizen (Regulation 24). Provision of false information to a registration officer for any purpose connected with the registration of electors is an offence. Where any elector changes address they must make an application for registration at their new address providing details of the address where they were previously registered. The procedure is the same as for other registration, and the Electoral Registration Officer may require the same information to be produced in relation to nationality. In addition, the details of all electors, whether resident in the UK or overseas (except service voters), are verified each year by way of the annual canvass. If the Electoral Registration Officer is not satisfied that a person is eligible to be registered at an address or does not otherwise fulfil conditions for registration, including nationality, then the Electoral Registration Officer may remove that elector from the register. The UK Border Agency has not issued specific advice on this issue. Electoral Commission guidance states that: ""If the Electoral Registration Officer has any doubts about the eligibility of any applicant, they have the power to require any person to provide information relating to the eligibility of that applicant, namely regarding their age, nationality, residence and whether or not they are disqualified.""Additionally, if the Electoral Registration Officer has doubts about the age or nationality of any applicant, they may also require that person to provide evidence demonstrating that they meet either or both of these requirements.""The items which should be accepted by the Electoral Registration Officer as evidence of a person's age or nationality include:""a birth certificate or a statutory declaration stating the applicant's date of birth; and""a certificate of naturalisation a document showing they have become a Commonwealth citizen""a statutory declaration that they are a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or a European Union citizen.""

Secondary information

Type

Written question

Reference

2057; 717 c279-80WA

Session

2009-10

Subjects

Commonwealth Eligibility Electoral register

Link

View this Written question on www.publications.parliament.uk