SCHEDULE 3Conduct rules

Rejected ballot papers

31

1

Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject to paragraph (3).

2

This paragraph applies to a ballot paper—

a

which does not bear the official mark,

b

which indicates a vote in favour of both answers to the referendum question,

c

on which anything is written or marked by which the voter can be identified (other than by the unique identifying number), or

d

which is unmarked or void for uncertainty.

3

A ballot paper on which the vote is marked—

a

elsewhere than in the proper place,

b

otherwise than by means of a cross, or

c

by more than one mark,

is not for such reason to be considered to be void by reason only of indicating a vote by means of figures or words (or any other mark) instead of a cross if, in the counting officer's opinion, the mark clearly indicates the voter's intention.

4

Paragraph (3) does not apply if—

a

the way in which the ballot paper is marked identifies the voter, or

b

it can be shown that the voter can be identified from it.

5

The counting officer must—

a

endorse the word “rejected” on any ballot paper which falls not to be counted under this rule, and

b

if any counting agent objects to the counting officer's decision, add to the endorsement the words “rejection objected to”.

6

The counting officer must prepare a statement showing the number of ballot papers rejected under each of sub-paragraphs (a) to (d) of paragraph (2).