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 Overseas voters, Standard Note: SN/PC/05923

www.parliament.uk/briefing-papers/SN05923.pdf

Overseas voters are able to vote in the referendum on the voting system on 5 May 2011; the franchise for the referendum is the UK Parliamentary franchise and peers. The Electoral Commission issued a press release on 2 March 2011 to remind British citizens living overseas that the deadline to register to vote is 14 April 2011:

On Thursday 5 May, many British citizens living abroad will have the opportunity to vote in the first UK-wide referendum in 35 years. But they need to act now, says the Electoral Commission, the independent UK elections watchdog.

Electoral Commission Head of Campaigns, Clinton Proud says: “The referendum gives voters the chance to have their say on how MPs are elected to the House of Commons. In order to vote, you will need to be on the electoral register. We know that many of the 5.5 million British citizens living abroad are eligible to vote but are not registered.

“Distance doesn’t mean you can’t make your voice heard. You can apply to vote by post or by proxy, and the forms to do this, and to register to vote, are all available on our website: www.aboutmyvote.co.uk. The deadline to register is Thursday 14 April - so now is the time to act.”

The Electoral Commission is responsible for the conduct of the referendum on 5 May, and has instructed Counting Officers in Britain to send out ballot papers to voters overseas as early as possible after 14 April.

The Commission added that postal ballot papers will be sent to overseas voters by Royal Mail after 14 April and that overseas voters needed to return these by post in time for them to reach the relevant local returning officer by 10 PM on Thursday 5 May. The Commission suggested that overseas voters should consider if this timetable was realistic for them, or whether they should apply to vote using a proxy instead.

(link of the press release: http://www.electoralcommission.org.uk/news-and-media/news-releases/electoral-commission-media-centre/news-releases-campaigns/no-need-to-rush-back-to-britain-to-make-you-voice-heard!)

Referendum on the voting system for UK Parliamentary Elections Report on the May 2011 referendum, page 22

http://www.electoralcommission.org.uk/__data/assets/pdf_file/0019/141328/Final-PVS-report.pdf 

2.1 While the UK has a broad legal framework for referendums, individual referendums cannot take place unless specific legislation is passed by Parliament. Secondary legislation may also be needed to provide for the detailed arrangements and funding for referendums.

Parliamentary Voting System and Constituencies Act 2011

http://www.legislation.gov.uk/ukpga/2011/1/pdfs/ukpga_20110001_en.pdf

SCHEDULE 3 Section 3

ABSENT VOTING IN THE REFERENDUM

Manner of voting in the referendum

2 (1) This paragraph applies to determine the manner of voting in England and Wales or Scotland of a person entitled to vote in the referendum.

(2) The person may vote in person at the polling station allotted to him or her under the referendum rules, unless the person is entitled to vote by post or by proxy in the referendum.

(3) The person may vote by post if the person is entitled to vote by post in the referendum.

(4) If the person is entitled to vote by proxy in the referendum, the person may so vote unless, before a ballot paper has been issued for the person to vote by proxy, the person applies at the polling station allotted to him or her under the referendum rules for a ballot paper for the purpose of voting in person, in which case he or she may vote in person there.