Page:Representation of the Peoples Act 1918 (ukpga 19180064).pdf/14

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266
Ch. 64.
Representation of the People Act, 1918.
7 & 8 Geo. 5.

(3) The time appointed for the meeting of the Parliament may be any time not less than twenty clear days after the proclamation summoning the Parliament ; and the Meeting of Parliament Act, 1852[1], is hereby repealed.

(4) Nothing in this section shall—

(a) affect the provisions of section one of the Ballot Act, 1872, relating to the commencement afresh of the proceedings with relation to the election on the death of a candidate, or apply to proceedings so commenced afresh; or

(b) apply to a university election.

Penalty for voting at a general election in more constituencies than allowed.

22.—(1) If any person at a general election votes for more constituencies than he is entitled to vote for in accordance with this Act, or asks for a ballot or voting paper for the purpose of so voting, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883[2]; and the expression "illegal practice " shall be construed accordingly: Provided that—

(a) the could before whom a person is convicted under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by section ten of the Corrupt and Illegal Practices Prevention Act, 1883; and

(b) the fact that any person has asked for a ballot paper in a constituency in circumstances which entitle him only to mark a tendered ballot paper in pursuance of Rule 27 of the First Part of the First Schedule to the Ballot Act, 1872, shall not, if he does not exercise that right, prevent his voting or asking for a ballot or voting paper in another constituency; and

(c) the giving of a vote by a returning officer in pursuance of section two of the Ballot Act, 1872, in the case of an equality of votes, or the asking for a ballot paper for the purpose of so voting, shall not, for the purposes of this section, be deemed to be the giving of a vote as a parliamentary elector, or the asking for a ballot paper for the purpose of so voting:

(2) The questions set out in Part II. of the Second Schedule to this Act may be asked of any voter at a poll at a general election in addition to those authorised already to be asked; and unless them is an answer given in the negative, that person (except as provided in that Schedule) shall not vote.

Voting by absent Voters.

23.—(1) For the purpose of giving persons whose names are entered on the absent voters list an opportunity of voting at a parliamentary election (other than a university election), the returning officer shall, where an election is contested as soon as practicable after the adjournment of the election, send a ballot paper to each such person at the address recorded by the

  1. 15 & 16 Vict. c. 23.
  2. 46 & 47 Vict, c. 51.