The Health Board Elections (Scotland) Regulations 2009

PART 7 CASTING OF VOTES

Casting of votes

26.  A voter casts a vote in a Health Board election by delivering a completed ballot paper to the returning officer at the address specified for that purpose in the voting pack.

Ballot papers received late

27.  A ballot paper received by the returning officer after the poll closes is not to be counted unless the returning officer considers it reasonable to do so.

Prohibition of disclosure of vote

28.  No voter may be required to state for whom the voter cast a vote in any legal proceedings.

Notification of requirement of secrecy

29.  Every person attending proceedings in connection with the sending of voting packs or the receipt of ballot papers must maintain and aid in maintaining the secrecy of the voting and must not, except for some purpose authorised by law—

(a) communicate, before the poll closes, to any person any information obtained at those proceedings as to the official mark; and

(b) communicate, at any time, to any person any information obtained at those proceedings as to the number on the back of any ballot paper.

Spoilt ballot papers and covering envelopes

30.—(1) If a voter inadvertently does something to the voter’s ballot paper so that it cannot be used as such (a “spoilt ballot paper”), the voter may return (by hand or by post) the spoilt ballot paper and the covering envelope to the returning officer.

(2) If a voter inadvertently does something to the voter’s covering envelope so that it cannot be used as such (a “spoilt covering envelope”), the voter may return (by hand or by post) the spoilt covering envelope to the returning officer.

(3) On receipt of a spoilt ballot paper and covering envelope or spoilt covering envelope, the returning officer must send (or give by hand) another voting pack or, as the case may be, covering envelope, to the voter unless the returning officer considers it is too late for a ballot paper to be returned before the poll closes.

(4) If the returning officer sends or gives a voter another voting pack in accordance with this rule, the officer must mark the unique number of the ballot paper contained in the voting pack against the entry corresponding to that voter in the officer’s extract of the register of local government electors.