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Scottish Independence Referendum Act 2013

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This is the original version (as it was originally enacted).

Procedure in relation to postal voting statements

This section has no associated Explanatory Notes

37(1)This paragraph applies to any postal voting statement contained in an envelope that has not been set aside for personal identifier verification in accordance with paragraph 35(2) or (7).

(2)The counting officer must determine whether the postal voting statement is duly completed.

(3)Where the counting officer determines that the postal voting statement is not duly completed, the counting officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes.

(4)Before placing the statement in the receptacle for rejected votes, the counting officer must—

(a)show it to the postal ballot agents, and

(b)if any agent objects to the counting officer’s decision, add the words “rejection objected to”.

(5)The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements and the receptacle for ballot paper envelopes.

(6)Where—

(a)the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b)that envelope has no number on it,

the counting officer must open the envelope.

(7)Sub-paragraph (8) applies where—

(a)there is a valid postal voting statement but no ballot paper envelope, or

(b)the ballot paper envelope has been opened under paragraph 35(5) or sub-paragraph (6).

(8)The counting officer must place—

(a)in the postal ballot box, any postal ballot paper the number on which is the same as the number on the valid postal voting statement,

(b)in the receptacle for rejected votes, any other postal ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”,

(c)in the receptacle for rejected votes, any valid postal voting statement marked “provisionally rejected” where there is no postal ballot paper, and

(d)in the receptacle for postal voting statements, any valid statement not disposed of under paragraph (b) or (c).

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