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POSTAL BALLOT PAPER

POSTAL BALLOT PAPER. New Instructions after General Elections to WBLA 2016. Amendment to the Conduct of Elections Rules, 1961 regarding e-Postal Ballot Papers for Service Electors ( ECI instruction No. 52/ECI/LET/FUNC/JUD/SDR/2015 dated 10 th November, 2016).

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POSTAL BALLOT PAPER

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  1. POSTAL BALLOT PAPER

  2. New Instructions after General Elections to WBLA 2016

  3. Amendment to the Conduct of Elections Rules, 1961 regarding e-Postal Ballot Papers for Service Electors(ECI instruction No. 52/ECI/LET/FUNC/JUD/SDR/2015 dated 10th November, 2016) • The postal ballot paper may be transmitted by the Returning Officer by such electronic means as may be specified by the Election Commission of India for the persons specified in sub-clause (ii) of clause (a) of rule 18 of the Conduct of Elections Rules, 1961 ; • Where a postal ballot paper is transmitted electronically, the provisions of this rule and rules 22, 24 and 27 shall, mutatis mutandis, apply.

  4. Time limit for transmission of postal ballots and connected papers through ETPBS [52/LET/ECI/FUNC/JUD/SDR/2018-Vol.II dt. 09.08.2018] • Returning Officers shall ensure that uploading of postal ballot papers and the connected papers for service voters on the ETPBS shall be completed by the day following the last date for withdrawal of candidatures. • The Returning Officer shall ensure this without fail in all cases and issue a certificate to this effect.

  5. Time limit for transmission of postal ballots and connected papers through ETPBS [52/LET/ECI/FUNC/JUD/SDR/2018-Vol.II dt. 09.08.2018] • The Commission has instructed the Unit level Officers through the Nodal officers of the Forces that downloading of the electronically transmitted postal ballots along with the other connected papers uploaded by the Returning Officers, should be completed latest by the eighth day after the last date for withdrawal of candidature. • Uploading the ballot paper by the day following the last date for withdrawal will leave seven days for unit officers to download all papers, to get them printed and distributed to the Service Voters.

  6. Voting through Postal Ballot Papers – additional instruction (ECI instruction No. 576/3/ECI/LET/FUNC/JUD/SDR/2016 dated 13th October, 2016) • The Commission has directed that in future, in the training sessions for ROs/AROs, the entire procedure to be followed for voting through Postal Ballots should be explained thoroughly so that errors of the nature of dropping the marked postal ballot paper directly in the drop box kept at the facilitation centre, by the election duty staffs, without observing the other requirements, do not recur. Special care should be taken in this regard.

  7. Postal Ballot papers returned undelivered – procedure to be followed (ECI instruction No. 52/ECI/LET/FUNC/JUD/SDR/2017/Vol.I dated 22nd February, 2017) • If the postal ballot paper and the other connected papers sent by post is returned to the RO undelivered, the RO may re-issue them by post or may deliver it to the elector personally on request being made by the elector. • In those cases, where postal ballot paper is returned undelivered, and there is no request for re-issue, the Returning Officer shall keep them separately in an envelope superscribed 'Postal Ballot Papers Returned Undelivered'. • The Returning Officer shall also maintain a day-to-day record of the number of such postal ballots returned undelivered. This envelope should also be sealed and kept in the safe custody of DEO.

  8. Voting through Postal Ballot Papers – additional instruction (ECI instruction No. 52/ECI/LET/FUNC/JUD/SDR/2016 dated 4th October, 2016) • In order to ensure that the ballot paper do not get rejected, the Commission has directed that column for writing the serial number of ballot paper in Form 13 B, shall be filled up by the Returning Officer’s staff itself before sending the postal ballot paper to the elector.

  9. Voters entitled to vote by post • Relevant provisions of election law • Sec.20 of RP Act, 1950 – Definition of Ordinarily Resident • Sec. 60 of RP Act., 1951 – Special procedure for voting by certain classes of persons • Rule. 17, 18(a), 19, 20 & 21 of CE Rules, 1961

  10. Following class of electors can exercise their voting right through Postal Ballot Paper (PB) • Service Voters (including their wives) except those Classified Service voters, as defined in Rule 27M of CE Rules 1961, who opted for proxy voting. • Special Voters - (including their wives) who are holding declared offices. [List of such declared offices is given in footnote below Sec. 20 of RP Act, 1950]. • Electors subjected to preventive detention under any law .

  11. Contd… • Voters on election duty – All persons who are not able to cast their vote in person at the polling station on the day of poll being on election duty. These include person in polling parties, Sector/Zonal Officers, State Police personnel (other than those who are on leave), Returning Officers, Assistant Returning Officers, District Elections Officers and their staff, micro-observers, Assistant Expenditure Observers, drivers, conductors and cleaners of vehicles used in elections, videographers, staff of expenditure monitoring teams, staff working in control room, helpline staff, those appointed for dispatch and receiving of poll material, EVM maintenance, BLOs, etc. • Notified voters – In special circumstances such class of persons as is notified by ECI under Sec. 60 (c) of RP Act 1951.

  12. Design of postal ballot papers Design of postal ballot papers (PB) As per ECI direction issued under rule 22 of CE Rules, 1961-- • It shall have counterfoil attached to it at the top. • In election to House of People PB shall be printed on White paper and for election to Legislative Assembly on Pink paper. • Width of PB shall be between 4" and 6“ as considered necessary when printed in one column.

  13. Contd… • Single column up to 9 candidates – In case of indivisible numbers of candidates, e.g. 11 candidates' first six candidates will be shown in first column and remaining 5 will be shown in second column, and space at the end of second column for 12th candidate will be completely shaded. • A black border of 1 em (6 ems = 1 inch appx.) at the top of the counterfoil. • Particulars of election to be printed below the border. • The words “Electoral Roll Part No.” and “Serial No. of Elector” to be printed one below the other. • Serial No. of ballot paper to be printed either on front or on the back. • One block of lines of 1 cm (one centimeter) with a perforated rule below for separating the ballot paper from its counterfoil.

  14. Contd… • Names of candidates shall be arranged in the same order under 3 categories in which they appear in the list of contesting candidates (Form 7A). Headings of categories not to appear in PBs. • In addition, photograph of the candidate shall also be printed. It should appear to the right side of the name in between the name and the place for marking Vote/ preference, in the panel. • “None of the Above” option shall be printed in a separate panel after the name of all the contesting candidates • Width of space allotted to each panel for candidate will be 1’’ (one inch)

  15. Contd… • One block of lines of 1 cm (one centimeter) with a perforated rule below for separating the ballot paper from counterfoil • Each panel to be separated from each other by shaded area of 3 ems. • Thick black border of 1 em at the bottom.

  16. Contd… Postal ballot for service voters (ETPBS) • Symbolswill not be printed on the PB for service voters. • Party affiliation, if any, shall be printed along with the name of candidate on the PB for service voters. • For independent candidates the word "Independent" will be printed on PB for service voters.

  17. Contd… Postal ballot for other categories • Symbols allotted to candidates and also the symbol specified for “None of the Above” option will be printed on PB for all other category of electors entitled to vote by postal ballot i.e. Special Voters, electors under preventive detention and voters on election duty. • Party affiliation not to be printed

  18. Language of postal ballot paper As per Direction issued by ECI under Rule 22 of C. E. Rules 1961 – • Counterfoil in English only. • Particulars of Constituency and election in postal ballot paper will appear in English only. • Particulars of Candidates and party affiliation in official language of the State and English both on PB for Service Voters. • Particulars in official language of the State will appear first over those in English.

  19. Contd… • Particulars of candidates with allotted Symbol and also the symbol specified for “None of the Above” option will be printed only in official languageof the State and English on PB for all other category of electors i.e. Special Voters, electors under preventive detention and voters on election duty.

  20. Printing of postal ballot papers • Returning Officers shall ensure that uploading of postal ballot papers and the connected papers for service voters on the ETPBS shall be completed by the day following the last date for withdrawal of candidatures. • Service voters, who opted for proxy voting, not to be issued PB. Mark “CSV” against such voters in the last part of electoral roll. • For other categories these should be printed within 72hours of withdrawal. • To be stitched in bundles of 50 ballot papers. • Ensure that Serial number on postal ballot and on its counterfoil are identical.

  21. Contd… • Enter the Part Number of roll and Sr. No. of the elector on the counterfoil. • Mark "PB" against the entry of elector in the marked copy of electoral roll. • Sr. No. of postal ballots shall not be mentioned in the marked copy of electoral roll. • IMPORTANT -Sr. No. of postal ballot to be written in ink correctly on the envelope (Form 13-B) containing PB and in the space provided in the form of Declaration by Elector (Form 13A). At the time of counting if the PB Nos. do not tally then they are rejected. • Fill up the hour and date fixed for commencement of counting of votes in the relevant space provided in the Instructions for Guidance of Electors ( Form 13D ).

  22. Contd… • The covers in Form 13-B & Form 13-C for election to House of People will be in Greencolor and for Legislative Assembly in Pinkcolor. • Write "W" on the cover in 13-C in the case of female voter. • Postal Ballot Paper, Form 13-B & Form13-C, Form 13-A and Form 13-D as prepared will be put inside a larger cover addressed to the service voter. • Proper postage stamps should be affixed on above larger cover. • Separate larger cover for each elector, even in the case of husband and wife.

  23. Sealing of counterfoils and marked copy of Electoral Roll • Counterfoils of postal ballots, issued, shall be sealed by RO in a packet. • Marked copy of last part of Electoral roll relating to service voters, also to be sealed in separate packet. • Brief description of contents inside the packet with date of recording to be mentioned on both these packets and kept in safe custody of RO. • These packets to be transmitted to DEO for safe custody after declaration of result.

  24. Return of polled PB from service voters • For receiving back postal ballots by post, the CEO will make arrangement with the Postal Department to nominate one post office for each Parliament Constituency which will deliver postal ballots every day to the Returning Officer. • The time of delivery will be fixed at 3 PM every day at the office of the Returning Officer, except for the counting day when the time for delivery will be 8 AM at the counting center for that Constituency. • A pass should be issued to the nominated postal department employee to enter the counting center on counting day for this purpose.

  25. Storage of PBs received by post • Keep all PBs received from post office everyday in a separate envelope. • Write “Postal Ballots received by post” and the date on the envelope. • Keep the envelope for each day in the strong room. • The daily return of PBs received to be sent to the CEO through the DEO. • The CEO to compile information of the State everyday and send a copy to ECI and also to all recognized political parties.

  26. Procedure on receiving postal ballots by post • The postal ballots delivered by the post office will be counted in the presence of representatives of political party/ candidates. • Acknowledgement of the number of postal ballots received by post will be prepared in duplicate. One copy to be given to the post office and other copy shall be kept in the record of the RO. • The number of postal ballots received will be entered in the daily return in Format-3 by the RO. ( L. No. 52/2014-SDR dated 07/03/2014). • The entire process will be video graphed.

  27. Storage of postal ballots received by post • The RO will keep all postal ballots received from the post office every day in a separate envelope for that day and write on the envelope the date and words – “Postal Ballots Received by Post”. • He will keep this envelope also in the strong room for postal ballots every day after the post has been received.

  28. Monitoring of postal ballots received by post • Returning Officer will prepare a return of the PBs received from facilitation centers in Format-3 every day till he stops receiving postal ballots from facilitation centers. He will also enter the number of postal ballots received by post in the return on Format-3 till the day of counting. He will send a copy of the return in Format-3 to the Chief Electoral Officer every day through the DEO of the District. He will also send a copy of the return in Format-3 to all the candidates of his Constituency. The Chief Electoral Officer will compile the information of the State in Format-3 every day and will send a copy to the Commission. The CEO will also send a copy of the compiled Format-3 to all recognized political parties.

  29. Intimation by other categories of voters to vote by post • Except Service voters and Electors under Preventive Detention (whose name and details are furnished by the State Govt.) all other class of electors eligible to vote by post have to be intimate/ apply to the RO in Form-12 of C. E Rules 1961 in advance for issue of Postal Ballot paper. • Intimation by special voter at least 10 days before poll. (R.19)

  30. Intimation by electors under Preventive Detention In case of electors under preventive detention, the concerned department will communicate to CEO/ RO within 15 days after the date of notification of the election- about the – • names and addresses of all such voters in the AC • respective places where they are being so held. • Elector may also send intimation to RO specifying name, address, Part No. & Sr. No. in the roll and place of detention. d. In either case, before sending PB, it is to be ensured that the name is entered in the roll and the person is held under preventive detention.

  31. Issue of postal ballots to other categories Special voters & electors under prevention detention :- • PBs shall be sent by registered post to special voters and electors under preventive detention along with :- (a) Form of Declaration in Form - 13-A. (b) A cover in Form 13-B (containing postal ballot paper) (c) A cover addressed to the RO in Form 13-C (without postage stamp) (d) Instructions for the guidance of the elector in Form 13-D.

  32. Contd… (ii) Above documents [at (a), (b), (c) and (d)] shall be placed inside a larger cover. This cover should be properly addressed and postage stamp shall be affixed. (iii) PB can be delivered personally to a special voter in place of sending by registered post. (iv) Postal ballots be issued as expeditiously as possible. (v) Write "W" on the cover in Form 13-C in case of female voter.

  33. Contd… • Voters on election duty -- • To prepare a database of all Govt. Employees posted in the district for the purpose of randomization and allocation of election duties. • The software for preparation of this database is developed by the Commission and will be made available on the website of the ECI soon. • Every district has to prepare this database immediately and keep it updated if there are transfers, retirements or new recruitments. • Include all employees of State Govt., Central Govt. and Central and State PSUs., all police personnel posted in the district including Home Guards etc. and drivers, conductors and cleaners of Govt. vehicles, vehicles of State Road Transport Corporation etc. in the database. • Effort should be made to get the information of drivers, conductors and cleaners of private vehicles in the district like trucks, buses, minibuses etc. with the help of vehicle owners associations.

  34. Contd… • All electoral information of the employees – like complete residential address where the staff is enlisted in the electoral roll, No. & name of Constituency, Part No. and the serial number at which the name is registered, EPIC No., and Cell Phone numbers and Email Ids etc. needs to be incorporated in the database. • A small cell withadequate number of computers, laser printers and Internet connection should be kept ready. • Arrangements for printing of Form 12 and Form 12A, and printing of marked copies of electoral roll in adequate number to be used at the time of elections. • Employees to be issued call letters for training along with pre-printed Forms 12 or 12A, as the case may be , requesting them to bring signed applications in Form 12 or 12A on the date of the first training.

  35. Contd… • RO should keep ready postal ballot papers for issue to all employees at the time of training. • One officer should be deputed by RO for issue of PB and to maintain an account thereof. • Postal ballot papers not issued in the first training shall be reissued on the subsequent training. • The RO to keep all unissued pre-prepared PBs after all trainings are over, in a separate sealed cover with proper record of employees who could not be issued postal ballot papers. • These employees will be entitled to vote in person in the normal course at the polling station in which he is registered as an elector.

  36. Facility for casting of votes to other categories • Voters on election duty -- • Postal ballot papers shall be distributed to the polling officials on the second round of training after verification of ID. • A facilitation centre with drop box shall be opened for collection of postal ballot from polling personnel at the training venue during all training sessions. • One or more Gazetted officer, depending on requirement, shall remain present at the facilitation centre for verification of declaration in Form 13A.

  37. Contd… • Separate time should be allocated in the training for explaining the procedure of marking and depositing of postal ballot papers. • Time should also be given for employees to fill up declaration in Form 13A, verification by Gazetted officer, marking of postal ballot, and depositing of postal ballot in the ballot box. • Voting compartments similar to voting compartments in polling station shall be made in each Facilitation Center. This is done so that employees are able to mark their postal ballot in complete secrecy. More than one such voting compartment can be made if necessary. Arrangement of glue/gum shall also be made to seal the envelopes.

  38. Contd… • A large steel trunk with one opening at the top for casting of postal ballots shall be used as a facilitation ballot box at the facilitation center. • Before the casting of postal ballots is started the empty facilitation ballot box will be opened and shown to all present. • The facilitation ballot box will then be sealed by the officer in-charge of the Facilitation Center. Every voter shall cast his or her postal ballot in the Facilitation Ballot Box after marking it and sealing it in the envelopes.

  39. Voting through Postal Ballot Papers – additional instruction (ECI instruction No. 576/3/ECI/LET/FUNC/JUD/SDR/2016 dated 13th October, 2016) • The Commission has directed that in future, in the training sessions for ROs/AROs, the entire procedure to be followed for voting through Postal Ballots should be explained thoroughly so that errors of the nature of dropping the marked postal ballot paper directly in the drop box kept at the facilitation centre, by the election duty staffs, without observing the other requirements, do not recur. Special care should be taken in this regard.

  40. Sorting of postal ballots • After all postal ballots for the day have been cast, the box will be opened by the officer in-charge of the Facilitation Center in the presence of the representatives of political parties. • All the postal ballots will be taken out of the box and the empty box will be shown to the said representatives of political parties. • The postal ballot envelops will be sorted Constituency wise and the number of postal ballot envelopes received for each Constituency will be entered in a register in Format-1 to be maintained for this purpose at the facilitation center. • Representatives of political parties present will be requested to put their signatures on the register and will be given a copy of the relevant pages of the register.

  41. Contd…… • All postal ballot envelopes for one Assembly Segment will be kept in a large envelope meant for that Assembly Segment. The name of the Facilitation Centre, the date of Facilitation and the number of postal ballots contained therein will be clearly written on this envelope. • This envelope will then be sent to the Assistant Returning officer of the concerned Assembly Segment along with a copy of the relevant pages of the register through special messenger appointed by RO for this purpose

  42. Postal Ballot for Police Personnel on poll duty • All police force from constable to DGP are notified under Sec.28A of R.P. Act, 1951 as on deputation to ECI during election period. • On the basis of judgment of Hon’ble Madras High Court dated 22.08.2012 in W.P. No.4783 of 2006 titled K. Shivakumar Vs. CEC & Ors. all police personnel, except those on leave during the election period, are treated as personnel on election duty and hence entitled to vote by Postal Ballot.

  43. Contd… • Have to submit application in Form-12 for availing the facility of PB, within the period given in rule 20 of C.E. Rules, 1961. • RO to ensure issue of postal ballot papers to all police personnel whose application in Form-12 are received in time through SP. This can be combined with training of police officer on poll duty. • SP should then organize a special facilitation camp for police officers on poll duty for casting postal ballots.

  44. Contd… • One Gazetted officer should be deputed for attestation of the Form of Declaration in Form-13A made by elector to whom PB is issued. • Register should be maintained to keep correct account of PBs issued. • A ballot box shall be kept at the facilitation centre and police officers who have been issued postal ballot should be told to deposit postal ballot in this box after marking them.

  45. Postal Ballot for Drivers/ Conductors and Cleaners • DEO to appoint a nodal officer for requisitioning of vehicles for poll duty. • It shall be the duty of the nodal officer to collect information needed to issue postal ballots to drivers/conductors/cleaners of requisitioned vehicles. He shall collect information from Vehicle owners about No. and name of Constituency, EPIC no. and serial no. in electoral roll, no. and name of polling station where they are enrolled. • Drivers/ Cleaners should bring their EPIC when they report duty.

  46. Contd… • One Officer well trained in the process of elector search should be deputed. • From the EPIC details of information, regarding complete address no. and name of AC, Polling Station where he is enrolled EPIC no. should be entered in a register. He may also use search facility.

  47. Contd… • The Nodal Officer shall get the signature of Drivers/ Cleaners/ Conductors in Form-12 and send to RO at least 7 days before poll date, so that the RO issues postal ballots to them and make the entry of “PB” in the marked copy of the roll

  48. ISSUE OF EDC TO VOTERS ON ELECTION DUTY • A voter on election duty in a constituency, where he is registered as elector, will also have the option to vote in person at a polling station although the polling station is different from the one where he is entitled to vote, if he so desires. • If he chooses to vote in person at the polling station where he is on duty on the polling day, he should send application(s) in Form 12A to the Returning Officer concerned so as to reach at least four days before the date of poll or such shorter period as may be allowed. • If you are satisfied that the applicant is such public servant and voter on election duty in the constituency, you will allow the request and issue an election duty certificate (EDC) in Form 12-B.

  49. Issue of E.D.C. • {R. 22 (2) of CE Rules 1961 } • "Election Duty Certificate" in Form 12 B may be given to Presiding Officers, Polling Officers and other public servant posted on election duty within the same constituency but in a different polling station and not to a polling agent. • "EDC" on application in Form 12-A only. • "EDC" holders should not to be issued PB.

  50. Record of postal ballot papers and EDCs • [R. 20 (2) and 23 of CE Rules, 1961] :- • In the marked copy of roll "EDC" or "PB", shall be marked against the name of such elector. • The counterfoils should be sealed in a separate packet and kept in safe custody. • After marking "PB" or "EDC", in all cases, marked copy of electoral roll to be sealed and be supplied to the concerned Presiding Officers for the use at PS. • Serial number of PBs not to be mentioned in the marked copy of roll.

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