Proxy voting basics - Conduct of Elections Rules 1961

Conduct of Election Rules Act 1961 :

Only classified service voters i.e. army men opted to vote by proxy, can use proxy voting. They can nominate proxy voter using form 13F. This form can be slightly amended to enable NRIs and their proxy to submit their signatures before a suitable authority. NRIs should be brough under Rule 27M of the Conduct of Election Rules 1961 to enable them to nominate proxy voters using the statutory Form 13F.

PART IIIB
Voting by classified service voters through proxy

27M. Definitions.—In this Part, unless the context otherwise requires,—
(a) “classified service voter” means any person specified in clause (a) of section 60, who opts to give his vote by proxy;
(b) “proxy” means the person appointed by a classified service voter as his proxy under rule 27N to give vote on his behalf and in his name;
(c) “service voter” means any person specified in clause (a) of section 60 and registered as an elector in the last part of the electoral roll for the constituency.

=> Army personnel can nominate some other proxy voter to vote on their behalf.

27N. Appointment of proxy by a classified service voter.—(1) A service voter may opt to give his vote by proxy appointed in the manner provided in sub-rules (2) to (4).

=> There are rules for nominating proxy.

(2) Any service voter opting to vote by proxy may appoint any person as his proxy to give vote on his behalf and in his name at an election in a parliamentary or assembly constituency:
Provided that such proxy shall be an ordinary resident in the constituency concerned and of not less than 18 years of age and shall not be disqualified for registration as an elector in an electoral roll under section 16 of the Representation of the People Act, 1950 (43 of 1950).

=> Proxy need not be voter but needs to have eligibility to be voter in that constituency like 18 years age and resident in that area.

(3) The appointment of proxy under sub-rule (2) shall be made by the classified service voter in Form 13F.

=> Proxy nomination will be done with 13F form.

(4) Any appointment of proxy made under sub-rule (3) shall be deemed to be valid so long as the person making it continues to be a service voter or till the date he revokes such appointment, or dies, whichever is earlier: Provided that any revocation of appointment shall be made in Form 13G and shall be effective from the date on which it is received by the returning officer:

=> No need to nominate proxy for every election. Nomination stays as long as original voter dies or revokes proxy voting with form 13G.

Provided further that where he revokes such appointment, or the proxy appointed by him dies, while he remains a service voter, he may appoint another person as proxy under these rules, as a substitute proxy in Form 13G and the substitute proxy so appointed shall be the proxy appointed by such classified service voter under sub-rule (3) from the date of receipt of the Form 13G by the returning officer.

=> When proxy voter dies or original voter revokes proxy, he can also nominate another proxy in the same form 13G.

27-O. Intimation of name of proxy by the classified service voter.—(1) The name of the proxy appointed by a classified service voter under sub-rule (3), or, as the case may be, under the second proviso to sub-rule (4), of rule 27N shall be intimated by him to the returning office as soon as may be after such appointment is made, and such intimation must reach the returning officer not later than the last date for making nominations for the earliest election in the
constituency after such appointment.

=> Proxy intimation to returning officer must be made before last date for election nominations.

(2) Notwithstanding anything contained in sub-rule (1), if any intimation under that sub-rule reaches the returning officer after the last date for making nominations in the constituency, such intimation shall not be valid for the election then in progress, but shall, subject to the provisions of sub-rule (4) of rule 27N, be valid for any future election in the constituency.

=> Proxy intimations after last date of nominations will not be valid for the election in progress but will work for all future elections.

27P. Action by returning officer on intimation of name of proxy.—(1) On receipt of intimation under rule 27-O from a classified service voter in regard to his proxy, the returning officer shall mark “CSV” against the name of such voter in the last part of the electoral roll containing the names of all service voters so as to indicate that the said voter has appointed his proxy, and the returning officer shall—

=> Voter name should be marked with CSV (Classified service voter) so that his vote will be cast by a proxy.

(a) If it is an intimation received the last date for making nominations in the constituency, ensure that no postal ballot paper is issued to such classified service voter; and

(b) if it is an intimation received after the said last date, ensure that a postal ballot paper is issued to such classified service voter for the election then in progress, in accordance with the provisions contained in Part III of these rules.

=> Army men should be given either proxy option or postal ballot based on the date of intimation so that he would not loose vote.

(2) The returning officer shall also prepare, and maintain up-to date, a separate list of all classified service voters who have given intimation of their proxies under rule 27-O, and also of all such proxies with their complete addresses, in such form and such manner as the Election Commission may specify from time to time.

=> Election officers keep up to date list of proxy voters.

(3) As soon as may be after the last date for making nominations in the constituency, the returning officer shall, on the basis of the list maintained under sub-rule (2) and subject to such further direction as the Election Commission may give in this behalf, prepare or cause to be prepared polling station-wise sub-lists of all classified service voters and their proxies having regard to the residential address of each such classified service voter as given in the electoral roll.

=> Election officers should maintain polling station wise proxy list.

(4) Each sub-list prepared under sub-rule (3) shall thereafter be caused to be added by the returning officer at the end to the relevant part of the electoral roll pertaining to each polling station concerned, and such relevant part of the electoral roll together with the said sub-list shall be deemed to be the copy of the electoral roll to be used as the marked copy of the electoral roll under rule 33A or, as the case may be, under rule 49F during the poll at the polling station
concerned.

=> There voter list and proxy list should be in sync.

27Q. Recording of votes of proxy.—(1) A person voting as proxy for a classified service voter shall do so in person at the polling station concerned in the electoral roll of which the name of such classified service voter is added under sub-rule (4) of rule 27P.

=> Proxy should vote in polling station designated to original voter.

(2) The person voting as proxy shall record the vote on behalf of the classified service voter at the said polling station, in the same manner as any other elector assigned to that polling station and the provisions of rules 34, 35 and 36 to 43 or, as the case may be, rules 49G, 49H, 49J to 49R shall apply in relation to the recording of vote by such proxy as they apply to any other elector at the polling station:

=> Proxy voter should cast in the same as original voter does.

Provided that any reference to left forefinger of elector in rule 37 or, as the case may be, rule 49K shall be construed as reference to left middle finger of the person voting as a proxy under this rule.’.

=> After casting proxy vote, indelible ink must be applied to middle finger instead of on fore finger. If the proxy voter has no middle finger, then there are rules to mark similar to marking for original voter.