- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Scottish Parliament (Elections etc.) Order 2015 ISBN 978-0-11-102982-4
25.—(1) Where the ERO receives a copy of a list of rejected postal voting statements compiled under paragraph 25(4) of Schedule 4 from a CRO, the ERO must use that information for the purposes of sub-paragraphs (2) and (5), and must not use that information for any other purpose.
(2) Where an absent voter (whether an elector or a proxy) appears on that list—
(a)the ERO must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the CRO was not satisfied that the postal voting statement issued for that ballot paper was duly completed;
(b)the ERO must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and
(c)the notification must include information as to which of the specified reasons referred to in paragraph 25(5) applied to the absent voter’s postal voting statement.
(3) The ERO is not obliged to send notification—
(a)to any person who is no longer shown as voting by post in the records kept under article 8(4) or article 11(5) at the time the ERO proposes to send out the notification; or
(b)where the ERO suspects that an offence may have been committed in relation to the postal ballot paper, postal voting statement or the absent voter’s registration as an elector.
(4) A notification under sub-paragraph (2) may also include any other information that the ERO considers appropriate, but must not include information held on the personal identifiers record.
(5) Where an absent voter is notified that the reason for rejection of their postal voting statement was that the signature did not match the example held on the personal identifiers record, the ERO may request a fresh signature from the absent voter.
(6) No person is to be allowed to inspect the copy of the list received by the ERO, and the ERO must cause it to be destroyed as soon as practicable after the purposes in sub-paragraphs (2) and (5) have been served and, in any event, within four months of its receipt.
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